[Common Tator]

Isn't that exactly the way it was in Nov 2002 election? If it was good enough then, why isn't it good enough now?

No one brought a case in 2002. Courts can't insert themselves insituations just because they want to do so. If no one claimed they were harmed by the 2002 election situation there was nothing the court could do about it.

In this case the ACLU brought the case. I was argueing this would happen in June. Now it has.

[aristeides]

I haven't read through the whole Ninth Circus opinion yet, but it looks to me as if this complaint was made in Common Cause, et al., v. Jones, (C.D. Cal. 2002) (No. 01-03470), and decided by a settlement. The new Ninth Circus opinion looks as if it has to go through a lot of contortions to avoid the conclusion that the issue was res judicata decided by that case.