LYMAN v. BAKER

No. 18-2235.

954 F.3d 351 (2020)

Richard J. LYMAN, William F. Weld, and Robert D. Capodilupo, Plaintiffs, Appellants, v. Charles D. BAKER, in his official capacity as Governor of the Commonwealth of Massachusetts; and William Francis Galvin, in his official capacity as Secretary of the Commonwealth of Massachusetts, Defendants, Appellees.

United States Court of Appeals, First Circuit.

March 31, 2020.


Attorney(s) appearing for the Case

David Boies , Armonk, NY, with whom James P. Denvir III , Amy J. Mauser , Karen L. Dunn , Lisa Barclay , Amy L. Neuhardt , Hamish P.M. Hume , Washington, DC, Melissa Shube , Trevor P. Stutz , Nafees Syed , New York, NY, Boies Schiller Flexner LLP, Jennifer D. Hackett , Washington, DC, James R. Martin , Allison M. Vissichelli , Washington, DC, Zelle LLP, Mark Guerrero , Mary Whittle , Austin, TX, Guerrero & Whittle PLLC, Randall L. Allen , Atlanta, GA, Alston & Bird LLP, David H. Fry , J. Max Rosen , San Francisco, CA, Michael B. Desanctis , Washington, DC, Munger, Tolles & Olson LLP, Scott A. Martin , Irving Scher , Jeanette Bayoumi , New York, NY, Michael D. Hausfeld , Swathi Bojedla , Washington, DC, Hausfeld LLP, María Amelia Calaf , Jack A. Simms, Jr. , Ryan A. Botkin , Katherine P. Chiarello , Austin, TX, Karen S. Vladeck , W. Reid Wittliff , Wittliff Cutter Austin, PLLC, and Samuel Issacharoff , New York, NY, were on brief, for appellants.

Amy Spector , Assistant Attorney General, with whom Maura Healey , Attorney General, and Robert E. Toone , Assistant Attorney General, were on brief, for appellees.

Before Torruella, Lipez, and Kayatta, Circuit Judges.


The appellants in this case are three Massachusetts voters who challenge the constitutionality of the winner-take-all method for selecting presidential electors that Massachusetts has adopted pursuant to its authority under Article II of the United States Constitution. They allege that the winner-take-all elector-selection...

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