On July 21, the Fourth Circuit issued an opinion in Baten v McMaster, 19-1297. This is one of the cases challenging a state’s practice of electing all its presidential electors at-large. Other such cases had recently been filed in Texas, California, and Massachusetts. None of them ever received support from any judge, until this decision came out. Judge James A. Wynn dissented, and wrote a lengthy dissent explaining why the case should have won. Here is the 65-page decision. The dissent begins on page 29. Judge Wynn argues that the precedents on this issue do not control this case.
Judge Wynn is an Obama appointee from North Carolina. He had previously written a Fourth Circuit opinion striking down North Carolina’s districts as an unconstitutional partisan gerrymander, but the U.S. Supreme Court had reversed.