[Common Tator]

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..

[livius]

Interesting analysis, thanks.

[FairOpinion]

"It has declared the recall election unconstitutional as planned based on the Supreme court Decision made in the Bush-Gore case in 2000."

===

Isn't that just the excuse? If voters get "disenfrenchised" because they had to use punch cards, then by the same token last November's election is invalid too, we used the same machines. So let's have another full election.

[Lurking Libertarian]

Note also that the 9th has not imposed a remedy.

They did-- they ordered the recall postponed to March 2004, which is when the State was previously scheduled to have replaced all the punchcard machines.

[jpl]

Your analysis is quite cogent. I have to give it to these liberals, they're getting more and more clever in their legal thievery. There is one thing though they may have forgotten to take into account though. The Democrats always argue in favor of "democracy" and the "will of the people". They will have to eventually permit a recall vote to go through, or else they will be exposed as the hypocrits that they are the next time they claim that "every vote should count".

[RonDog]

"...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..." - Common Tator

Ping for YOUR opinion, Congressman Billybob.

[Boatlawyer]

IF Supremes hear it, I believe they'll hinge any reversal on lack of jurisdiction and use narrow holding in Bush v. Gore (that fed courts have no place in state elections unless presidential), which will not require them to overrule their previous holding.