MSNBC- Recall election to be delayed

Pete Williams MSNBC ^ | Pete Williams

[Ragirl]

California Appeals Court - Recall should be blocked!!!

[bootless]

I haven't been to DU, but I subscribe to one of the loonier email newsletters (CLH: they thought that the Wellstone crash was a Republican plot). They are especially vile, and this was their take: "Court blocks GOP's Calif. Coup --A federal appeals court today blocked the GOP October 7 California coup ['recall election'], but stayed its order for seven days to allow an appeal. The ruling from the 9th U.S. Circuit Court of Appeals follows a hearing last week in which the American Civil Liberties Union sought a postponment of the vote. The ACLU argued that election officials should have more time to replace antiquated voting machines in several California counties."

I have no comment.

[prairiebreeze]

The will of the people is only REALLY important when it serves the purpose of the Dim party. -- Otherwise, to hell with 'em.

Prairie

[Jim Noble]

florida would have been a nightmare if the SCOTUS had not acted

The nightmare would have moved to Washington by 12/16/01.

The Florida Supreme Court cannot and could not enjoin the Legislature from appointing a slate of electors.

It is long past time to have a fight over judicial bodies making political decisions. The Constitution provides a clear, explicit pathway to fill the office of President under circumstances such as this.

It was foolish not to use it.

[concerned about politics]

If the election winds up being cancelled (which I doubt when the dust settles), all ballots already cast will be voided out.

OK. I hope they'll have enough time to re-send them out again.
This is chaos. Democrats seem to thrive on it.

[oceanview]

the "stolen election" mantra would have been even worse had we taken this route. as it stands, at the time of the SCOTUS ruling for Bush, most americans thought that was the correct decision.

[swarthyguy]

Based on this logic, couldn't the next election be voided (hypthetically) because not all states and counties across the country will be upto snuff re: new voting machines in the next presidential election.

[goodnesswins]

"I'm curious to know how all those minorities feel about being called stuuuuuuuuuuuuuupid!

They should be used to it by now....heck they are the slaves of the liberal Plantation, and seem to want to remain captive!!!

[prairiebreeze]

Sanda Day O'Connor is out of the country.

http://www.freerepublic.com/focus/f-news/983023/posts

Woops! Now what say you all?? :)

Prairie

[Republicus2001]

more US citizens have been killed in Compton in the last 4 months than in Afganistan and Iraq combined...still behind Detroit and DC tho'

[RonDog]

Sanda Day O'Connor is out of the country.

http://www.freerepublic.com/focus/f-news/983023/posts

Woops! Now what say you all?? :)

From that thread:

To: ambrose

Justices of the Supreme Court are ALWAYS reachable, and ALWAYS on duty if the Court Rules so require.

I recall the legendary story about the late Justice Douglas. Some lawyers wanted his one-Justice recision on an environmental case. They hiked two days into the woods to find the Justice. He read their papers, and signed their Order. Then they hiked two days out to get that Order to the Clerk of the Supreme Court.

Given faxes and cell phones, I believe that Justice O'Connor is already reviewing this case through her Clerks, knowing that it will wind up in her lap. If she signs an Order on the Champs Elisee in Paris, it will be just as effective as if she signed it in her Chambers on 2nd Street in Washington, D.C.

John / Billybob

7 posted on 09/15/2003 1:31 PM PDT by Congressman Billybob (Everyone talks about Congress; I am doing something about it.)

[demlosers]

"I wonder how the DUmmies are spinning this coup. After all, they're supposed to be about "the will of the people".

From a DUh poster:

Clever, clever CA Court!

If they are NOT using it as a precedent[Bush vs Gore Florida 2000], then the SCOTUS cannot overrule or refuse the case based on their earlier ruling saying that Florida 2000 could NOT be used as a precedent!

They would either have to:
A) take the case and independently make the same ludicrous ruling again
B) take the case and use their own ludicrous ruling as a precedent (despite them saying that no one should ever do so)
C) take the case and uphold it (in which case they would be conflicting with their ruling in Florida 2000) or
D) or not take the case at all.
As I stated above, even if they did not take the case, the debate will come to the fore, which will result in new questions about the legitimacy of the decision in Florida 2000, and therefore, the legitimacy of the Bush presidency itself.

Clever, clever CA Court! They could end up making the CA recall backfire in a big way

------------------------------------------------------------

Is this guy blowing smoke or what?

He thinks the 9th is being brazenly cunning.

[A_Niceguy_in_CA]

"and you did not turn him in for vote fraud? "

I made two phone calls for procedures to report "vote fraud"...The first person just laughed and said she couldn't help me....My second call resulted in the rep telling me to "get a life" and hung up on...of course this was after he asked whether my co-worker had voted for Gore or Bush and I had replied "he voted for Gore all three times."

[cookcounty]

Doesn't the use of (even more of) these machines in the last election make that election invalid?

If the court is right, then there should logically be a new special election.

[pogo101]

First off, Billybob is correct that her "away" status renders her unreachable.

But to address your point on a technical, what-if-somehow-she-can't-be-reached basis, SCOTUS Rule 22.3 provides that "[w]hen the Circuit
Justice is unavailable for any reason, the application addressed to that Justice will be distributed to the Justice then available who is next junior to the Circuit Justice; the turn of the Chief Justice follows that of the most junior Justice."

The "Justice next junior to" O'Connor is ANTONIN SCALIA.

[pogo101]

Whoops. In my last post, I meant to lead off with "does NOT render her unreachable."

[King Prout]

are you sh**ting me?!?

[gathersnomoss]

If that is the case then either (a) discontinue all elections where punch equipment is used or (b) disallow all minorities the right to vote.

That should do the trick.

[demlosers]

WHew, I'll say the odds are high. The 9th Circus verily reeks of Clinton-appointed liberals.

Yup, the three 9th Circus that ruled on the Election Recall case were all appointed by CLINTON.

[goldstategop]

Cool. Once Antonin Scalia reads this decision from the Nine Circus, he'll go bananas!