Larry Lessig is a famous constitutional law professor, lured away from Stanford University by Harvard in 2009. Lessig, who once clerked for the late conservative Supreme Court Justice Antonin Scalia, says as many as 20 electors in the electoral college are already considering denying Donald Trump their votes. The astonishing thing about Lessig’s assertion is that he says the number of potential Trump deniers last week was just one — and that he expects the number could get as high as 40. Trump could only fail to win the presidency by electoral college vote if 37 electors denied him their votes, leaving him with less than the required 270 votes.
Lessig told MSNBC there are serious “ethical, moral obligations” that the electors will consider, even going so far as to say that he thinks “at least 37 electors” will make the judgment not to vote for Trump. Lessig says the “electoral college was made for this election.” What would happen in that case? Then it would go to Congress, which would decide between the top three candidates. Each state would get one vote in that case.
We believe there are now at least 20 GOP electors considering a vote of conscience. Last week, there was 1. https://t.co/fdiwkbef04
— Lessig (@lessig) December 13, 2016