Monthly Archives: December 2020

An Electoral College floor challenge four years ago, and the Maryland angle

On Jan. 6, when Congress meets to count electoral votes, some members may object from the floor on whether or not to accept each state’s electoral college submission, and if there is such an objection from at least one member of each House, the members will go on record on whether to approve. The result appears to be a foregone conclusion; in practice neither House will agree to overturn a certified state outcome (Democrats will organize the House, while in the Republican Senate only a minority of Trump ultras at most will contest Joe Biden’s victory.)

Whatever you think of this, much of it is not new; a version of it happened four years ago. Even though Donald Trump had obviously won a lawful victory in the 2016 electoral college, a few left-wing Democrats insisted on mounting a floor challenge. What followed is choice enough to quote, from a 2017 account in Slate:

Senate President Joe Biden oversaw the proceedings. On the Democratic side of the aisle, a half-dozen or so members, including Reps. Maxine Waters, Sheila Jackson Lee, Raúl Grijalva and freshman Reps. Pramila Jayapal and Jamie Raskin, switched seats to take turns raising objections. The objections varied from state to state. In North Carolina the objections hinged on the state’s effective disenfranchisement of black voters. But most objections referenced Russia’s interference in the election.”

Biden was having little of it, and banged the gavel loudly, because none of the members were able to find a senatorial co-signator, thus voiding their objections. The much more populated Republican side of the aisle booed or called out “order!” following each denied objection. When Rep. Jayapal gave her objection, Biden finally said, “It is over.” Republicans gave him a standing ovation.

I am pained to record that lefty Rep. Jamie Raskin (D-MD), one of the loopy few that day, represents my own community in the House of Representatives. If circus-like proceedings do unfold this coming Jan. 6, Raskin will be one of the few Democratic members not in a good position to complain.

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Ideological commitments and academic freedom at UMD

The University of Maryland’s public policy school “is apparently about to require faculty members to add a statement to their syllabus” avowing a series of deeply ideological commitments on topics ranging from “anti-racism” to Indian land acknowledgments. It will also impose rules about how classroom discussions and materials must treat topics related to diversity. Both policies are inconsistent with principles of academic freedom, notes Eugene Volokh.

As a public institution, UMD comes under First Amendment constraints that a private educational institution would not face, and it is likely that some of the new rules overstep those First Amendment prohibitions as well. You can read more about the proposals here.

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