In characterizing the Supreme Court’s rationale in Trump v. Anderson and Trump v. United States as “common law,” I believe Professor Bruce Ledewitz is too kind (“Originalism is a mirage. Judges must exercise political judgment,” Nov. 3).

The common law arose from custom in the English courts. It is judge-made law after the presentation of evidence and arguments in trial of a case or controversy to achieve what they believe is the most just and the fairest result, where there is no applicable statute. Moreover, it requires respect for the principle of stare decisis, i.e., precedent.

In the Colorado case (Anderson), the court all but ignored the elector clause of the Constitution that grants to states the power and duty to appoint (or not appoint) electors to elect the president.

In the i

See Full Page