Breaking: Court Reinstates Oct. 7 California Recall Election

FoxNews ^ | 09/23/03

[bedolido]

LOS ANGELES

[Libertarian4Bush]

well smack my ass and call me kobe!

[VU4G10]

smack! Kobe!

[colorado tanker]

An 11-0 reversal in a per curium opinion is the legal equivilent to a b@tch slap of the three clowns.

[Recovering_Democrat]

SEE YA, LOSERS!

[bedolido]

that's what so confusing. to make it unanimous, the three clowns had to have reversed and voted against what they originally said.

[Samwise]

I can't wait to see how they blame this on Bush.

[WoofDog123]

"Eight of the 11 judges hearing the case were appointed by Democrats, the other three by Republicans, but overall the group is considered fairly conservative. "


They say with a straight face......

[Samwise]

"Although it's not an impossibility, the experience is such that getting the people of California to believe that this is not a second-class technology now that it has been deemed deficient because it is outmoded, it would be quite a task," Tribe said.

Can someone translate?

[Snardius]

Work should begin now to recall the three clowns that tried to perpetrate this joke.

[My2Cents]

"If the recall election scheduled for Oct. 7, 2003, is enjoined, it is certain that the state of California and its citizens will suffer material hardship by virtue of the enormous resources already invested in reliance on the election's proceedings on the announced date,"

Yeah, that and the fact that punchcard ballots have been in use throughout California for freakin' decades, with no dispute up until now...

[jra]

My take: The pubbies want the recall to go on, period.

The dims realized after the 9th circuit made its ruling that Davis would be left twisting in the wind until March, the product of which would be worse than a possible ouster in October.

[colorado tanker]

My understanding is that none of the three clowns were on the en banc panel. The Ninth Circus is so big not all judges sit on in banc appeals, despite the name.

[pogo101]

that's what so confusing. to make it unanimous, the three clowns had to have reversed and voted against what they originally said.

No, see,

there are 26 active (non-senior) judges in the 9th Circuit, the largest of the Circuits.

Although in all other circuits an "en banc" rehearing of a 3-judge panel DOES include all active non-recused judges, IN THE NINTH ALONE, such rehearings go instead to a panel of 11: the Chief Judge (if she is not recused, and in this case she wasn't) plus 10 of the other active non-recused judges chosen by lot.

It so happens that, by luck of the draw, none of the 3 judges on the initial panel was drawn for the 11-judge rehearing. Someone who's better than I am at math figured the odds of that (oh for 3 getting on the 11-judge panel, that is) at around 14%.

The 9th Cir's rules do provide for a FULL en banc rehearing before all active non-recused judges "in appropriate cases," but such a full en banc hearing has NEVER happened.

[Mac94]

Wow, the 9th got one right. Just goes to show ya that even a stopped clock is right twice a day.

[G.Mason]

"that's what so confusing. to make it unanimous, the three clowns had to have reversed and voted against what they originally said."

Does this help?

" The decision was a per curiam opinion, meaning the justices did not sign their names to it, and no dissenting opinions were recorded."

[snopercod]

Judge Alex Kozinski should be nominated to the Supreme Court. I don't know why the Bush administration has ignored him.

For those who don't know, Judge Kozinski was the one who drove the wooden stake through the heart of junk science in the courtroom in the Daubert v. Merrill Dow appeal.

[bedolido]

thanks for the info. It helped!

now I'm more confused then I was before... (note to self: don't ask anymore questions it only causes answers)

[pogo101]

Work should begin now to recall the three clowns that tried to perpetrate this joke.

Well, they can't be recalled. They serve "during good behavior" and can only be removed through impeachment and subsequent conviction in the Senate. Judging from the Alcee Hastings removal, it would take something like a bribery charge to get that done.

[JackTom]

Judge Kozinski is in line to become Chief Judge of the 9th Circuit, and Chief Judge, among other powers, sits by default on any 11 person en banc panel. That might be one of the reasons why G.W. Bush may prefere to leave him where he is.