People who care about the environment are being encouraged to vote for independent Lisa Savage as first choice and Democrat Sara Gideon second choice for the U.S. Senate, being assured their second choice will ensure election of  Gideon.

Don’t be so sure. With the Supreme Court we now have, recently joined by another Republican appointee, we can’t discount the possibility of the court finding Maine’s ranked-choice voting unconstitutional.

Although federal District Court Judge Lance Walker, in the Bruce Poliquin-Jared Golden case, found ranked-choice voting constitutional, his decision was not appealed. True, like with the Affordable Care Act, it’s hard to find a legal scholar who says ranked-choice voting is unconstitutional. But we know what happened with the ACA. It barely survived, 5-4, with Chief Justice John Roberts being considered a turncoat by Republicans.

As an attorney, my advice is: Be safe – vote for Sara Gideon as your first choice.

Robert Stevens

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