DUE PROCESS CHALLENGE TO THE ELECTORAL COLLEGE
1. The Electoral College violates the Equal Protection. SCOTUS has long held the 5th Amendment assurance of due process includes a requirement that the federal government not deny any person equal protection of the laws.

2. SCOTUS has long held one person, one vote is a core component of equal protection; that every person must have an equal ability to influence the outcome of an election.

3. There is a strong argument that Electoral College is neutral on its face but discriminatory in its application. Alternatively the Electoral College demonstrates a discriminatory motive, a disparate impact, and a discriminatory purpose.

3a. The Electoral College while facially neutral is applied in a discriminatory manner. States allotted the greatest electoral advantage are the whitest states. As a result the votes of Black, Hispanic, & Asian Americans count less than white votes https://twitter.com/sarah_in_ny/status/1270764923589726215?s=20

3b. Alternatively, the Electoral College since its inception demonstrates discriminatory motive, disparate impact, and discriminatory purpose. Embedded is the history of the Electoral College. Disparate impact is shown in the impact of 1 vote by race https://twitter.com/sarah_in_ny/status/1164815375206240258?s=20

4. The government would have to show a compelling interest in discrimination they would have to identify why the elevating the voice of rural white American in selection of the US is important enough to justify suppressing the voice of POC. This is a losing argument.

5. As a result courts should be able declare that the guarantee of equal protection conveyed by due process clause can be used to amend Article II to allot electors solely on the basis of population in order to prevent discriminatory impact.

6. This is very rough. It's been nearly 10 years since I practiced law outright, so forgive me in for the roughness of this argument. It feels beyond naive to think it hasn't been proposed but I couldn't find an example considering the disparate value of vote by race.

7. Please let me know if you are aware of any similar case or have any thoughts on the viability of the argument in general.

8. Also please if you can - help amplify. The electoral college is a shameful, blatant form of systemic racism in America today that must be modified.