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 ...
The opinion is written from the context of the Federal Constitution trumphing the California State Constitution.
Rush just said that two of the judges who made this ruling are clinton appointees, and one was appointed by carter.
I am well-aware of the varying interpretations of Bush v Gore and have alluded to that in several ways [inconsistent lower court rulings; the novelty of the relevant case law]. Quite frankly, this is not a "nice try" rhetorical game... The Supreme Court will rule however it sees fit and playing volleyball over the details is a waste of energy. I stated by view which is consistent with that of many interpretations; yours is consistent with other interpretations and may prove more accurate.
In the end, the 'politics' of the Supreme Court will play just as much role as the particulars of the case law. Don't be surprised in the slightest if the SCOTUS issues a summary affirmation and skips this issue altogether. This Supreme Court has never evidenced the slightest hesitation to influence the political process, whether by action or by inaction as the case may be...
Remember all the oh-so-well-constructed word game arguments over why the Supreme Court was going to reverse the New Jersey court on the Torricelli-Lautenburg substitution? Odds favor the SCOTUS taking a pass. That's my final answer...
LOL!
Note that Ramona Ripston, executive director of the ACLU of Southern California, is the wife of Justice Stephen Reinhardt.
NAME
|
RESIDENT
CHAMBERS |
DATE OF
BIRTH |
DATE OF APPOINTMENT
|
APPOINTED
BY |
|
ACTIVE
|
Schroeder, Mary M., Chief Judge |
Phoenix
|
12/04/40
|
09/26/79
|
Carter
|
Pregerson, Harry |
Los Angeles
|
10/13/23
|
11/02/79
|
Carter
|
|
Reinhardt, Stephen |
Los Angeles
|
03/27/31
|
09/11/80
|
Carter
|
|
Kozinski, Alex |
Pasadena
|
07/23/50
|
11/07/85
|
Reagan
|
|
O'Scannlain, Diarmuid F. |
Portland
|
03/28/37
|
09/26/86
|
Reagan
|
|
Trott, Stephen |
Boise
|
12/12/39
|
03/25/88
|
Reagan
|
|
Rymer, Pamela Ann |
Pasadena
|
11/06/41
|
05/22/89
|
Bush
|
|
Nelson, Thomas G. |
Boise
|
11/14/36
|
10/17/90
|
Bush
|
|
Kleinfeld, Andrew J. |
Fairbanks
|
06/12/45
|
09/16/91
|
Bush
|
|
Hawkins, Michael Daly |
Phoenix
|
02/12/45
|
09/15/94
|
Clinton
|
|
Tashima, A. Wallace |
Pasadena
|
06/24/34
|
01/04/96
|
Clinton
|
|
Thomas, Sidney R. |
Billings
|
08/14/53
|
01/04/96
|
Clinton
|
|
Silverman, Barry G. |
Phoenix
|
10/11/51
|
02/04/98
|
Clinton
|
|
Graber, Susan P. |
Portland
|
07/05/49
|
03/19/98
|
Clinton
|
|
McKeown, M. Margaret |
Seattle
|
05/11/51
|
04/08/98
|
Clinton
|
|
Wardlaw, Kim McLane |
Pasadena
|
07/02/54
|
08/03/98
|
Clinton
|
|
Fletcher, William A. |
San Francisco
|
06/06/45
|
10/09/98
|
Clinton
|
|
Fisher, Raymond C. |
Pasadena
|
07/12/39
|
10/12/99
|
Clinton
|
|
Gould, Ronald M. |
Seattle
|
10/17/46
|
11/22/99
|
Clinton
|
|
Paez, Richard A. |
Pasadena
|
05/05/47
|
03/14/00
|
Clinton
|
|
Berzon, Marsha S. |
San Francisco
|
04/17/45
|
03/16/00
|
Clinton
|
|
Tallman, Richard C. |
Seattle
|
03/03/53
|
05/25/00
|
Clinton
|
|
Rawlinson, Johnnie B. |
Las Vegas
|
12/16/52
|
07/26/00
|
Clinton
|
|
Clifton, Richard R. |
Honolulu
|
11/13/50
|
07/30/02
|
Bush
|
|
Bybee, Jay S. |
Washington, D.C.
|
10/27/53
|
03/21/03
|
Bush
|
|
Callahan, Consuelo M. |
Sacramento
|
06/09/50
|
05/28/03
|
Bush
|
What a frickin' mess. Thanks a lot Al Gore.
True. When they think they'll lose, they find something to litigate. They'll try to win through the courts, rather than state laws and the will of the voters there.
If anyone is denying the people their democracy, it's the liberal in California!
The Democrats and the 9th Circuit have overplayed their hand.
It may ensure more than that. It may ensure the breakup of the Ninth Circus, and the breaking of the RAT filibusters of judges in the U.S. Senate.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.