Colorado Department of State v. Baca (2020)

Colorado v. Baca was a SCOTUS in the Classroom case. It was decided on July 6, 2020.

Each term Street Law selects the most classroom-relevant, student-friendly cases as our SCOTUS in the Classroom cases. Teachers are encouraged to conduct moot courts the same week the case is argued, giving students the opportunity to follow discussion and analysis in the news and listen to or read a transcript of the actual oral arguments.

Case Issues:

1. Is Colorado’s law that requires electors to vote for the candidate who won the popular vote in Colorado an unconstitutional violation of the 12th Amendment?
2. Does a presidential elector have a constitutionally protected right to exercise discretion, which would give them standing to sue the state, if they are prevented by state law from casting their electoral vote of choice?

Case Briefs:

• Brief of Petitioner: Baca and Chiafalo
• Brief of Respondent: Colorado

Oral Argument:

• Audio recording and transcript of the oral argument from the Supreme Court

Decision:

• Link to the opinion of the Court

News Articles and Resources:

• Educational SCOTUSBlog seminar: Preview of faithless elector cases
• Educational SCOTUSBlog seminar: Debrief of faithless elector cases
• Webinar: Faithless elector case review with Zack Tripp
• The Daily Herald: “Supreme Court to hear Washington case of ‘faithless’ electors” (January 17, 2020)
• SCOTUSblog: A symposium of articles ideal for teachers’ background
• The Hill: “Supreme Court to hear oral arguments by telephone” – video available (April 13, 2020)
• SCOTUSblog: “Court sets cases for May telephone arguments, will make live audio available”(April 13, 2020)

How to Conduct a Moot Court or a Mini-Moot Court:

• Classroom Guide to Moot Courts
• Mini-Moot Courts Resource Bundle and Video