[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

[Wright is right!]

"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?"

Both NJ and FL in 2000 involved STATE supreme courts. This decision by a panel of the 9th Circuit IS a federal matter already. That's why SCOTUS almost HAS to take it.

Michael

[TontoKowalski]

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?

In the New Jersey race, the Supreme Court refused to take the appeal (wrongly in my opinion) because the New Jersey State Supreme Court ruled on a State law issue.

In this case a Federal Court has ruled on the basis of a Federal issue (minority voting rights). Just because they didn't take the New Jersey case is no indication that they won't take the California case. Of course, it's no guarantee they will take it, either.

[writmeister]

One difference from New Jersey is that it was the New Jersey Supreme Court interpreting a New Jersey statute -- typically state courts are viewed as the highest authority in interpreting state law. No USSC jurisdiction unless federal constitutional law issue.

Here, the 9th Circuit delayed the recall based based on federal constitutional law -- equal protection/due process.