1966 State of Delaware vs. State of New York Lawsuit
In 1966, Delaware led a group of 12 predominantly small states (including North Dakota, South Dakota, Wyoming, Utah, Arkansas, Kansas, Oklahoma, Iowa, Kentucky, Florida, and Pennsylvania) in suing New York in the U.S. Supreme Court. At the time, New York was not only a closely divided battleground state, but it also possessed the most electoral votes (43). In State of Delaware v. State of New York, Delaware argued that New York’s decision to use the winner-take-all rule effectively disenfranchised voters in Delaware and the other 11 plaintiff states.[1]
- Click here for Delaware’s brief
- Click here for New York’s brief
- Click here for Delaware’s argument in its request for a re-hearing
The U.S. Supreme Court declined to hear the case—presumably following the Court’s 1892 decision in McPherson v. Blacker that the choice of method of awarding electoral votes is exclusively a state decision. 385 U.S. 895, 87 S.Ct. 198, 17 L.Ed.2d 129 (1966)