Federal judge says he may delay California's Oct 7 recall

KESQ News ^ | August 15, 2033 | AP

[Canticle_of_Deborah]

(San Jose-AP) -- A federal judge in San Jose says he may decide to postpone California's October recall vote.

US District Judge Jeremy Fogel heard from civil rights groups earlier today. They argued that the quick election is forcing changes in the voting process that require federal approval.

Under the federal Voting Rights Act, any changes in the voting process must be pre-cleared by the Justice Department in places like Monterey County that have a history of low voter turnout.

Fogel set a hearing for August 29th. He suggested he may delay the election at that hearing if federal approval hasn't happened by then.

Also today, Fogel ordered Monterey County not to mail out its overseas ballots until the issues are resolved.

[darkwing104]

The rats will do anything to stay in power, even to subvert the will of the people.

[farmfriend]

WE get left without power in more ways than one.

[EternalVigilance]

America has already fought against America once -1861-1865.

Yes, and none of us want that to happen again.

However, when federal judges become tyrannical rulers, and Democrats run away rather than do their duty as the minority like is happening in Texas right now, they bring us one step closer to the breakdown of our institutions.

[sofaman]

This doesn't surprise me one little bit.

[Bonaparte]

Pong!

[Neanderthal]

"Fogel was a Clinton appointee."

Approved by our clueless Senate.

[Canticle_of_Deborah]

Thanks!

[AEMILIUS PAULUS]

Yep.! "And if the sun of our Republic is to go out into the endless night of history, then let it depart amid the roar of cannon and the din of battle." Speaker of The House Of Representatives. G. Grew July 1861.

[Southack]

"Under the federal Voting Rights Act, any changes in the voting process must be pre-cleared by the Justice Department..."

Either lawyers and judges have been progressively [pun intended] dumbed down over time, or else Davis' allies are sincerely desperate...because for one thing, California's recall law has been in place since BEFORE the federal Voting Rights Act (note for NY Times Reporters and others who are "slow" due to diversity of everything except ideology: that means that the recall isn't a "change" in procedures for the Justice Department to review).

And for another thing, it's a cinch for Ashcroft to review the recall anyway, as the recall is the MOST DEMOCRATIC election possible.

Bar none.

So for anyone with even a modicum of sense or an ounce of a classical education, this whole legal challenge is meaningless. Sadly, there are probably entire law schools that can't accurately comprehend what I've just written above.

Sigh...

[PeoplesRep_of_LA]

Like Tom has a shot in CA...

After Ahnold's Economic Advisor said today we should raise property taxes, and Ahrnold is still hiding in his mansion? You better bet Tom has a shot. Hell Coleman wasn't so dense to campaign on that.

[Scenic Sounds]

Fogel set a hearing for August 29th. He suggested he may delay the election at that hearing if federal approval hasn't happened by then.

This makes it sound like Attorney General Ashcroft will decide when the election should be held.

[goldstategop]

Since when is a STATE election in a federal judge's jurisdiction? It seems to me he is exceeding his authority.

[Dolphy]

Sounds like a reasonable interpretation to me. I'd like to think that they are shooting all of their guns now rather than come crawling out after the election to challenge the results.

[Scenic Sounds]

Since when is a STATE election in a federal judge's jurisdiction? It seems to me he is exceeding his authority.

Well, the article suggests that there is an issue with California's compliance with the Voting Rights Act. As to the Congress's right to pass the Voting Rights Act, see Section 2 of the Fifteenth Amendment.

[Kuksool]

According to liberals, the voting rights of Latinos supercede everything. At least, that is their spin.

[spokeshave]

"Since when is a STATE election in a federal judge's jurisdiction?"

Its because of 3 counties (Monterey and couple others) have had a poor minority voter turn out in the past. These 3 are on some sort of federal guidance/monitoring/review to ensure it doesn't happen again.

[MHGinTN]

Wake up; didn't you notice the NJ and Minn twists the demoncrats put on law of elections? This no surprise. It is precisely what the democrats relish ... cause racial strife and contention between states' rights and the fed. It is their stock and trade and they have packed the federal bench to be able to do it whenever and wherever they choose. This points out why the feckless pubbies need to start playing hardball with the democrap judicial obstructionism. I'm losing patience with them!

[Centurion2000]

I wouldn't be suprised if the 9th Circuit Court of Appeals voids the Recall election.

Rubbing highly motivated people's noses in the mess of federal powers over and over is a very bad idea.

[Dog Gone]

I would be shocked if the courts stop this recall. Even federal judges don't usually want to incur the wrath of millions of voters from both parties.