[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.

[Congressman Billybob]

I deeply respect Common Tator, and generally agree with him. But not on this point. The Ninth HAS issued an Order granting relief. The fact that it stayed its own Order for seven days to allow for an appeal does not defeat the ability to take an appeal.

This is a common procedure for lower courts, to stay their own Orders pending appeal. When the lower court does this, it NEVER inhibits the ability to take the appeal. That's black letter law that's been often tested and upheld. Ain't gonna change in this case.

John / Billybob