[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."

[goldstategop]

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

[RonDog]

See also from another thread:

To: FairOpinion

You may recall that I was predicting that the 9th circuit court would take the case and throw a monkey wrench in the works.

You will notice what the 9th circuit court has done. It has declared the recall election unconstitutional as planned based on the Supreme court Decision made in the Bush-Gore case in 2000.

Note also that the 9th has not imposed a remedy. Thus the supreme court must over rule its basis for ruling for Bush in 2000 in order to rule against the 9th in this case. If the 9th had imposed a remedy the Supremes could overturn the remedy with out overturing the other issues.

This ploy puts the supremes in a strange place. They know that if they overrule the 9th they will be charged with rulling one way for Bush and the opposite way for Davis on the very same issue. The national media would have a fun time with that.

It will be interesting to see what happens. Perhaps the supremes will not take the case, but rule it will get in the game if the remedy does not suit them.

I think it is working out much like I predicted 2 months ago. That the 9th would fix it so Davis keeps his job.

Everybody and his lawyer told me there was no way and no issue that could be used to get the 9th in the game. Lots of people told me I was a fool when I said the recall would not work.... I may still look foolish, but not quite as foolish as I did two months ago.

It is exactly like what I always say. The law is whatever the judges say it is..

26 posted on 09/15/2003 1:32 PM PDT by Common Tator (I support Billybob. www.ArmorforCongress.com)