well, for god's sake --

[fox]

the appeals court? postponed the california recall. the recallers intend, obviously, to appeal to the supreme court; but i have to wonder if the court's going to hear the case. doesn't really seem like a federal matter, does it? what in the world does it have to do with the u.s. constitution? (no, i'm really asking.)

favorite part of this story: the poll on the right, where the question is "was the appeals court right to block the recall vote?" and the answers are "yes -- punch-card ballots must be eliminated"; "no -- unfair federal intrusion in state election"; and "i can't take six more months of this". :-D

Comments

[jgesteve.livejournal.com]

They're are using the Federal Voting Rights Act and saying that use of the punch card system could potentially disenfranchise a goodly sum of voters.

[darthfox.livejournal.com]

that's the position of the ACLU and the other folks in favor of postponing the recall. i'm saying, if i'm SCOTUS? this doesn't seem like a matter for me to deal with. i guess we'll see.

[jgesteve.livejournal.com]

Actually they have to since it was their judgement in Gore v. Bush that set the stage for the ACLU's and 9th Circuit's positions.

[darthfox.livejournal.com]

it was bush v. gore, and so what? people use supreme court decisions in their arguments before the supreme court all the time. doesn't mean they have to reconsider the question. as i understand it, they can deny the recallers' petition for cert on the basis of having decided the issue already.

[batdina.livejournal.com]

Apprently the ACLU used Bush v. Gore (or was that Gore v Bush, the mind can't remember back that far any longer) as their reasoning, so a lot of people think that SCOTUS will have reason to take the case anyway.

YOU can't take this any longer? Try living in this wacko state!

Maybe I'll vote for the 100 year old lady just for the hell of it.

[sowilo.livejournal.com]

It was Bush v. Gore, but SCOTUS didn't have any business in that case either. The only reason to grant cert would be to right that wrong, but looking at the current makeup of the court, I doubt it.

[datlowen.livejournal.com]

Which is actually hilarious, and if I were a conspiarcy theorist, I would think that the 9th Circuit Court planned it that way. If the Supreme Court doesn't take the case, fine. The recall goes off in March, which is great news for Gray Davis (and it was looking more and more like the recall would fail anyways). If it does take the case, it has the choice of: 1) agreeing with the 9th Circuit, with the above repurcussions, or 2) vitiating parts of Bush v. Gore, which will do nothing more than undermine the credibility of both this court and the Administration.

In short: I LOVE THE 9TH CIRCUIT.

[jgesteve.livejournal.com]

You know I hadn't even thought about that whole scenario... Definitely gotta love the 9th Circuit!!

[datlowen.livejournal.com]

This is also the same court that took "under God" out of the pledge of allegiance.

marrying 9th Circuit