A Hillary Clinton supporter in Los Angeles is suing the 538 members of the Electoral College in a last-ditch effort to prevent President-elect Donald Trump from taking office, court papers obtained Tuesday show.
John S. Birke, a Los Angeles attorney, filed the federal complaint Monday, alleging that the electors’ votes for Trump are poised to violate the equal protection component of the Fifth Amendment and the “fundamental principle of `one person, one vote.”‘
Birke contends that unless the court issues injunctive relief, the members of the Electoral College on Dec. 19 “will effectively cause a single vote for Clinton to be valued less than a single vote for Trump,” thus violating the one person, one vote guarantee.
“Fundamental rights trump a procedure — no pun intended,” Birke said, further arguing that Trump’s election should not be allowed if Clinton is ahead in the popular vote.
The attorney said he reacted to Trump’s win on Tuesday with “absolute shock, disgust and horror — followed by two days of wanting to stay under the covers with the lights off.”
Birke said that, ideally, a single Clinton voter in every state would file an identical lawsuit in order to bolster his claims.