She's still smarting from Bush/Gore, and wants nothing more than to go down in history as a "moderate."
"How can I say that the eleven-judge en banc panel that will rehear the California recall election case is "conservative" when eight of the judges were nominated by Democratic Presidents? Two points. First, I'm using the term "conservative" relative to the composition of the typical en banc panel one sees from the Ninth Circuit. Second, three of the court's smartest and most conservative judges are on the panel, while none of the leading liberal voices from the court are on the panel. Also, Judge Tallman, while a Clinton nominee, was actually selected by a Republican Senator as part of a deal to get someone else's nomination approved. Judge Rawlinson, also a Clinton nominee, regularly votes with the Ninth Circuit's more conservative judges. And Judges Silverman, Graber, McKeown, and Gould are viewed as moderates by and large. [Update: A reporter who regularly covers the Ninth Circuit has emailed to say that Judges Silverman and Gould are "conservative-moderate" and that "the recall proponents just hit a home run."]"