California: State courts could halt recall effort

Contra Costa Times ^ | 8/2/3 | By Dogen Hannah and Claire Booth

[Varmint Al]

The campaign to recall Gov. Gray Davis may be steaming down the tracks but just around the bend lie legal challenges in the state Supreme Court.

Just as the U.S. Supreme Court determined the outcome of the 2000 presidential race, California's highest court could influence the fate of the state's governor.

[Varmint Al]

Why bother with elections and politics? Just let the courts rule us in every aspect of our lives. Good Hunting... from Varmint Al

[Political Junkie Too]

I don't think the courts would dare intervene. The sentiment is too strong, the efforts by the people are too great, the politicians are too discredited for the people to take the "establishment" overturning this in order to protect their own.

-PJ

[Ernest_at_the_Beach]

If they stop this, they put themselves up as candidates for Recall!

calgov2002:

calgov2002: for old calgov2002 articles. 

calgov2002: for new calgov2002 articles. 

Other Bump Lists at: Free Republic Bump List Register

[Southack]

Although I doubt that the California state Supreme Court would do it, it wouldn't be a big surprise to see one of Clinton's corrupt federal judges give a major pro-Davis ruling that in essence declares part of California's constitution...unconstitutional.

[Varmint Al]

Well, maybe it is time to investigate what it takes to recall California State Supreme Judges. Anyone have any info on the procedure?

Good Hunting... from Varmint Al

[Scott from the Left Coast]

Just as the U.S. Supreme Court determined the outcome of the 2000 presidential race

The leftists will never get over that loss. They will keep claiming forever that the Court decided that race...when in fact the court merely upheld the law. The RATS simply can't get over that they weren't allowed to cheat. Guess they were lulled into believing they always could by the Clinton years.

[DoughtyOne]

It always amazes me to see the Democrats try to dismantle our government. Laws that have been considered reasonable for decades are suddenly questioned because their fair haired dimwit is the one to be removed.

The law is the law. Live with it. Come to terms with it. Lord knows we've had to come to terms with the laws these cretans have saddled us with. Now it's their turn!

[Ernest_at_the_Beach]

Recall of State supreme court Judges has been done before in California, I understand.

[DoughtyOne]

It's called standing for election. There was a campaign to remove the Cal State Supreme Court Chief Justice and two others in the 1980s. All three had made some bonehead decisons. They were jetessoned! Rose Bird was the Chief Justice. She didn't like the death penalty so she found a way to block them. We fired her a__! Love it!

I don't think we've had an execution since though. The libs always find a way. Wish that could be said of our team.

[Varmint Al]

Davis' Californians Against the Costly Recall Politics

CACRP... The letters are a little out of order. It should be CRAP!

The Recall is no more expensive that one day's deficit in California as the state is slipping down the tubes. We already have the worst credit rating of all states.

Good Hunting... from Varmint Al

[Ernest_at_the_Beach]

Thanks for the details on that Recall!

The Judges might have that on their minds as they decide what to do regarding the Recall!

[Rome2000]

I don't think the courts would dare intervene.,p.After what the Florida and New Jersey kangaroo courts have perpetrated in the last 3 years I have trouble believing that.

[Ernest_at_the_Beach]

See post #9!

We have some history on Judge recalls!

[oldironsides]

The New Jersey court invalidated a primary and allowed a Democrat filler to replace the low polling Toricelli.
Do not be suprised at anything.

[DoughtyOne]

It wasn't actually a recall. These justices stand for election every so often. They are not appointed for life.

[Lunatic Fringe]

Just as the U.S. Supreme Court determined the outcome of the 2000 presidential race...

Umm, NO. The PEOPLE determined the outcome... the SC just made sure the rules were followed!

[DoughtyOne]

Ernest, I believe this to be true, but it has been a while. When it comes to judges I vote to retain unless I hear of a good reason not to. I know that's a questionable tactic, but I don't know much about them or the replacement judges, so it's probably more safe than anything else.

If a judge is in the news, I try to take note of it and vote accordingly.

[EGPWS]

The Recall is no more expensive that one day's deficit in California as the state is slipping down the tubes. We already have the worst credit rating of all states.

One step above "junk bonds". If anybody in this country feels that the Democratic part is not more important than the country in the minds of those in power within the party this would have to convince them.

[Varmint Al]

In California, for example, the one part of the state judiciary that has no election whatsoever, but
does the mechanism of the recall, is what? Supreme Court, state’s highest court. That’s one way
that the state handles it, basically the state Supreme Court justices do not stand for election.
They are appointed by the governor, but they are subject to recall. You probably don’t
remember this but it wasn’t that long ago that that power of recall was put to vital and dramatic
use, as there were three in the California Supreme Court, including most famously the late Chief
Justice Rose Bird, who were in fact recalled.
You said recall. There is in addition the phenomenon of state judicial election, where a
judge actually has to compete for the post.

.......snip..........

Judges in those different areas, different districts, will then respond
differently if they are subject to recall election. Whereas federal judges, they only care what
Congress thinks or the President, not what public opinion might not like. Also, by the same
token, Dean Rodriguez’ suggestion is that, when you see the guidelines change, does the judge’s
behavior change? So if the guidelines change away from local opinion, so there is now a
divergence, does the judge stay the same or does he change along with the guidelines in his
rulings, in his sentences?. ...snip

This if from: http://mmccubbins.ucsd.edu/trans3.pdf

BTW, in every election count in Florida, Bush was ahead of Gore.

Good Hunting... from Varmint Al

[ex-Texan]

Just as I predicted. Davis will keep forum shopping the Californicated courts with slightly different theories until he finds one theory or one court that is willing to stop the recall election. It will probably be a court in San Francisco or LA and a judge who is friendly with the Dems that calls a halt to the recall.