Court Sharply Challenges Recall Delay

LA Times (registration required) ^ | September 22, 2003 (8:51 pm) | Henry Weinstein and Maura Dolan

[pogo101]

SAN FRANCISCO — Federal appeals court judges sharply challenged attorneys seeking to postpone the Oct. 7 recall election, posing questions during an hourlong, nationally televised hearing Monday that were notably unsympathetic in their number and tone.

The court plans to issue a ruling in the case this morning, Cathy Catterson, the chief clerk of the court said Monday evening.

{...snip 90% of article...}

At the end of the hearing, Chief Judge Mary M. Schroeder gave Rosenbaum 30 seconds to rebut the arguments made by his opponents. Rosenbaum, saying he would try to make three points all at once, told the judges that the evidence presented about the errors caused by punch-card machines made this "the strongest case that has ever been in this circus — circuit."

His mistake drew laughter both from the judges and the audience as Rosenbaum left the podium red-faced.

[pogo101]

Published 8:51 pm Monday evening (PDT).

[goldstategop]

A liberal red-faced. When the ACLU acknowledges the zany character of the Nine Circus, you know they've just lost their case! LMAO

[NutCrackerBoy]

Game over. Who in the pool had the 9th circus en banc jettisoning the postponement? Prepare to collect.

[thoughtomator]

Pretty sure I called that right off the bat. But what do I know, I'm just a right-wing crazy.

[pogo101]

Over on the suddenly-in-vogue blog How Appealing, the bloggers print a letter from a former 9th Circuit clerk who, having watched Monday's oral argument, guesses that Tuesday may bring not only a reversal of the Planet Pregerson Plus Two, but also that this will occur by a vote of 9-2 -- and possibly by 11-0 on the recall itself, with the only dissents coming from judges wishing to put off at least the Propositions until March.

[DoughtyOne]

I'm going to withhold my belief that the Times description is accurate here. This could simply be cover for the court to say yes, we gave this serious consideration as you can tell by the tough questioning, but there really is a problem and the election must be interrupted.

This will iron out in the morning. I'm not confident either way.

[eggman]

When the media said the recall was making a circus of California politics they didn't realize that the courts were already full of clowns.

[ambrose]

The election is on as far as I am concerned. The oral argument was a dead bang homerun for the pro-recall forces.

[DoctorZIn]

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[Sandy]

the suddenly-in-vogue blog How Appealing

Suddenly in vogue? Hardly. It's been one of the most popular spots on the web for legal news for quite some time now. It's near the top of the list as far as blawgs go.

[pogo101]

You're picking a nit over THAT? Whatever your view of its prior popularity, it's popularity has shot up dramatically since the Pregerson Three did their jig on the law. (As I'm sure you must know. Bashman's been ecstatic about it, in several entries.)

I've been reading it for a long time. Glad you think that "we" cognoscenti had already made it "vogue." My point was that I'm seeing it referred to in a lot of places I hadn't before. I stand by my characterization.

[Sandy]

You're picking a nit over THAT?

LOL. Probably cuz I'm such a big fan of the site. I took your comment to mean that the site hadn't been popular til recently. Never mind.