[Congressman Billybob]

As I have said on other threads, I expected the Ninth Circuit to avoid embarrassment by ruling that the recall election in California on 7 October. Now, the most reversed Circuit in the nation, the same one which voted against the Pledge of Allegiance and was reversed on that, has ruled against the election.

I expect this case to be taken to the US Supreme Court for Emergency Relief. It will go before Justice O'Connor as the Circuit Justice. She will probably confer with her colleagues on a case of this importance, although she is not required to do so.

I expect that she will issue an Embergency Order blocking the Order of the Ninth Circuit and reinstating the Order of the trial court, which had ruled that this election should proceed. And, I expect that Order from Justice O'Connor to come down within 48 hours of when the question is first presented to her.

BTW, the "election law expert" on Fox News as I type this is saying that it is "unlikely that the Supreme Court will TAKE this case." He is obviously unaware of the fact that Emergency Relief requests ALWAYS go to the Circuit Justice, and are ALWAYS ruled on.

My first win in the Supreme Court was obtained under the Emergency Rules, and came down less than 48 hours after the issue was put before the Court. (The case was McCarthy v. Briscoe, September, 1976.)

Trust me, I know these things. And I know them far better than anyone currently twaddling away on Fox News -- and presumably more than the talking heads on the other networks.

Congressman Billybob

Latest column, "An Open Letter to Howard Dean," discussion thread on FR. Article will probably be on ChronWatch also.

[Dog Gone]

Why can't California borrow some election machines from another state that isn't using them during this period?

[Political Junkie Too]

BTW, the "election law expert" on Fox News as I type this is saying that it is "unlikely that the Supreme Court will TAKE this case."

He's probably comparing this to the New Jersey case where the Supreme Court did not take that case. Does that make it harder for them to now take up a California election case when it refused to take up a New Jersey election case? How about the fact that the NJ case was a state-wide election for a federal position while this is a state-wide election for a state position?

-PJ

[MamaLucci]

It will go before Justice O'Connor as the Circuit Justice.

Fox News says it will first go to Justice Kennedy.

[steveegg]

Thanks, John. 'Tis good to have someone who has done this before around these parts (compared to someone who merely knows most of the motions like FoxNews).

[A_Niceguy_in_CA]

..and, yes the SCOTUS will vacate this order by the 9th Circuit regarding a state elcection for a state official.

[Quix]

My best laymen's gut sense, and whatever other sense I have is that you

ARE ABSOLUTELY CORRECT.