Ms Clinton currently has 2.6 million more votes than Donald Trump in the popular count, but lost the election in November because of the idiosyncratic workings of the United States' Electoral College system — a result which academic Lawrence Lessig has said could be ruled unconstitutional. [...]
Almost all states operate a "winner-takes-all" system, which ignores voter margins. So for instance, Ms Clinton got 44 per cent of the vote in Georgia, but because Mr Trump got a larger percentage, none of the state's six representatives in the Electoral College are set to vote for her.
In an article published by Medium, Mr Lessig said he and a number of other legal experts believed this could be illegal because it defies the constitutionally enshrined principles of "equal protections" and "one man, one vote". It means not all votes are treated in the same way and some people do not get a say at all. [...]
"What about the unfairness being felt by the millions of voters whose votes were effectively diluted, or essentially disenfranchised?" he said, suggesting the Attorney Generals of large states such as New York or California could easily walk into the Supreme Court and ask them to hear a case.
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