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MSNBC- Recall election to be delayed
Pete Williams MSNBC ^ | Pete Williams

Posted on 09/15/2003 10:18:32 AM PDT by Ragirl

California Appeals Court - Recall should be blocked!!!

(Excerpt) Read more at msnbc.com ...


TOPICS: Breaking News; News/Current Events; US: California
KEYWORDS: 2003election; 9thcircuit; 9thcircuitcourt; circus; circustent; davisrecalleelection; democrap; dirtytricks; election2003; floriduhagain; graydavis; impeachthe9th; outofcontrol; recall; thefixisin
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To: So Cal Rocket
Not only is Chemerinsky listed as of counsel for the plaintiffs, so is the USC Law School. Is that his law school?
681 posted on 09/15/2003 2:30:44 PM PDT by aristeides
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To: aristeides
Irwin is Professor of Law at USC.
682 posted on 09/15/2003 2:31:26 PM PDT by So Cal Rocket (Free Miguel, Priscilla and Bill!)
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To: steveegg
the ruling also mentioned Prop 53, but I have no idea of what that is about

According to the opinion, Prop. 53 is a proposed amendment to the California Constitution that would dedicate part of the state budget each year to state and local infrastructures, such as water, highway, and park projects.

683 posted on 09/15/2003 2:34:00 PM PDT by aristeides
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To: Republican Red
Don't go to the SCOTUS. It's a trap.
I agree.
684 posted on 09/15/2003 2:34:52 PM PDT by bluebunny
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To: All
This may be a stupid question but, does anyone know if this would set a precedent for other states? Could the ACLU or some other organization use this to effect elections elsewhere?
685 posted on 09/15/2003 2:44:20 PM PDT by tsmith130
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To: tsmith130
I think the precedent is a limited one for most states are phasing out the outdated voting machines that where at issue in Bush v Gore.
686 posted on 09/15/2003 2:46:45 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: SierraWasp
You got that right!!!
687 posted on 09/15/2003 2:47:12 PM PDT by TenthAmendmentChampion (Free! Read my historical romance novels online at http://Writing.Com/authors/vdavisson)
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To: CA Conservative
I agree with the principle of federalism.

It is inevitable that in the wake of Bush vs. Gore, the someday soon the federal goverment will rule that the voting machines in...say...Mississippi are inferior to the voting machines in...say...New Hampshire, and therefore the results of a federal election are invalid.

In essence, SCOTUS has ruled that all things have to be "equal" in all states, be it voting machines, gun laws, abortion laws, or anything else.

I really don't see how that outcome jibes with "federalism".

688 posted on 09/15/2003 2:48:31 PM PDT by snopercod (Awake! for Morning in the Bowl of Night Has flung the Stone that puts the Stars to Flight:)
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To: So Cal Rocket
Larry Tribe is also listed as of counsel for the plaintiffs.
689 posted on 09/15/2003 2:48:47 PM PDT by aristeides
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To: TRY ONE
LOL! As many pointed out, the voters in Palm Beach County have no trouble punching bingo cards and lottery tickets, but the media expect us to belive that they are incompetent to punch ballots.

There are a lot of smiling democRATS today.

690 posted on 09/15/2003 2:50:51 PM PDT by snopercod (Awake! for Morning in the Bowl of Night Has flung the Stone that puts the Stars to Flight:)
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To: tsmith130
Ninth Circus opinion seems to rely heavily on the California Secretary of State's official declaration that the punchcard ballots are unreliable. In the absence of such a declaration, it would be harder for other courts to reach such a decision. And -- other courts are not the Ninth Circus.
691 posted on 09/15/2003 2:50:55 PM PDT by aristeides
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To: mhking
>>Who's to say the electorate is not thinking rationally to begin with, you?

It seemed like that was the implication of the original poster. Personally, I think everyone is going to be tired of the whole thing after the novelty wears off.

692 posted on 09/15/2003 2:51:46 PM PDT by Am I Blue?
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To: tsmith130
This may be a stupid question but, does anyone know if this would set a precedent for other states? Could the ACLU or some other organization use this to effect elections elsewhere?

Any possible direct precedent (I don't know if this decision was written to preclude its use as a precedent; I got through only the first paragraph before giving up on the illogic used) would be limited to the district/state courts under it (California, Nevada, Washington, Oregon, Alaska, Idaho, Montana, Arizona and Hawaii, as well as Guam). As for whether it could be used elsewhere, it's rather unlikely at an appellate level, though there are fed and state district judges that are crazy enough to apply it.

693 posted on 09/15/2003 3:00:20 PM PDT by steveegg (I have one thing to say to the big spenders; BLIZZARD OF RECALL TOUR!)
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To: aristeides
Thanks. Ah, the wackiness of California (one conservative prop, one liberal prop, and a recall election).
694 posted on 09/15/2003 3:02:53 PM PDT by steveegg (I have one thing to say to the big spenders; BLIZZARD OF RECALL TOUR!)
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To: King Prout
Not sure how old you are, or your musical tastes, but the Dead Kennedys were a San Francisco punk rock band during the late seventies and early eighties. Their best work was their first album entitled "Fresh Fruit for Rotting Vegetables"(1980).

The lyrics I posted were from the song California Uber Alles. Other tasteless songs from the album...

Kill the Poor
Let's Lynch the Landlord
I Kill Children
Holiday in Cambodia
and the Presley classic, Viva Las Vegas.



695 posted on 09/15/2003 3:11:30 PM PDT by Weimdog
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To: autoresponder

696 posted on 09/15/2003 3:11:37 PM PDT by MeekOneGOP (Check out the Texas Chicken D 'RATS!: http://www.freerepublic.com/focus/news/keyword/Redistricting)
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The 9th Circuit has a terminal case of cranial rectumitis.
697 posted on 09/15/2003 3:15:28 PM PDT by BulletBobCo
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To: virgil
>>Didn't the people of California vote to have this recall?

Actually, we didn't.
698 posted on 09/15/2003 3:17:11 PM PDT by Am I Blue?
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To: aristeides
So if the punchcard ballots are unreliable as the California Secretary of State claims, then we can wipe all previous elections off the face of the earth because they were not real elections! How could they be, we used punch cards to vote!

Why can't they quickly move the old punch card systems to the neighborhoods where the voters have the actual brain power to operate a simple punch card, and then move the other equipment into those poor pathetic neighbors where these low lifes are so disenfranchised.

699 posted on 09/15/2003 3:17:53 PM PDT by BushisTheMan
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To: All
 



PRESS RELEASE

Schwarzenegger Statement on Ninth Circuit Court Ruling.

Arnold Schwarzenegger issued the following statement today regarding the Ninth Circuit Court of Appeals decision regarding the date of the recall election:

“One million, six hundred thousand Californians of all political persuasions have signed petitions to recall Governor Gray Davis.  The Secretary of State has certified that this election should go forth on October 7th.  The California Supreme Court has also ruled that the election should go forward on October 7th.  I fully expect that the federal courts will come to the same conclusion. 

“Today, I call upon the Secretary of State to immediately appeal this decision on behalf of the citizens who have exercised their constitutional right to recall Gray Davis, and who expect an election on October 7th.

“Historically, the courts have upheld the rights of voters, and I expect that the court will do so again in this case.

“I will continue to vigorously campaign for governor.  The people have spoken, and their word should – and will – prevail.”

 

 

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700 posted on 09/15/2003 3:20:29 PM PDT by Smogger
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