Appeals Court to *Reconsider* Calif. Recall Vote

[villager]

Appeals Court to Reconsider Calif. Recall Vote

SAN FRANCISCO (Reuters) - The 9th Circuit Court of Appeals said on Tuesday that it would reconsider a controversial decision by a three-judge panel of the court to postpone the Oct. 7 California recall election.

The appeals court said that a fuller group of judges than the three-judge panel that ruled on the case on Monday would rehear it.


The three-judge panel delayed the unprecedented October recall vote against Gov. Gray Davis (news - web sites), saying punch card voting machines still used in six California counties had an unacceptably high rate of error.

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http://story.news.yahoo.com/news?tmpl=story&cid=564&ncid=564&e=1&u=/nm/20030916/ts_nm/politics_california_dc

[ewagner]

1. I've been thinking about this

A delayed election would probably hurt the momentum Gray Davis has been building up....

I agree 100% that the vote counting will be a nightmare, but if Davis can keep the momentum into Oct 7, then this might not be too bad.

[villager]

2. this would get the Supreme Court "off the hook"

... if the "en banc" court reverses its own decision..

[AP]

5. So many angles. The Republicans definitely didn't want this

election to be held on primary day, 'cause Democratic turnout is going to be huge.

Then again, the Dmeocrats were on the right trajectory.

Provided the BBV thing doesn't come into play, you'd have to guess that a primary day electioin is going to save Davis.

[Pltcl_jnky]

6. actually

I would venture to guess that from a political standpoint the national republicans would prefer Davis to win and thus go into the Presidential Election with "an injured" grey davis in hopes of taking california.

because if Arnold, R-LA takes over the governors mansion than anythin gbad that happens is pinned on republicans.

if davis survives and the economy of CA still sucks and all that then the repubs can use the whole "see what an entire democrat government gets you!"

[AP]

10. I believe that's the EXIT strategy. But I'm more sure Repbus want Gov bad

They have no statewide offices, and we know from FL how helpful it is to have a Republican running the state.

Also, the Governor is in control of the flow of a lot of wealth, and this is primarily a race over which direction the flow of wealth runs in CA, a very rich state -- does it flow to the middle class, or will it flow to the rich.

[MarianJack]

9. Possible, but...

...it may also hurt ahhnald. His charm could wear off FAST if he has more time to show what a debate skipping, question ducking moron he is.

[AP]

3. Appealing to the full court is one of the avenues for appeal

It pretty much rules out the possibility that the USSC will get this case in time for there to be an election on October 7.

Whether the current holding is reversed or upheld, that decision can be appealed to the SC, and the court might have to agree to suspend the election until the SC hears the case.

One of the interesting angles to this is that, unlike the Bush v. Gore, there are no firm deadlines or anything like that. In fact, the selected day for the vote was more or less randomly picked, and it's not like there are laws saying exactly when the recall vote has to occur which are ordained by super-important constitutional principles.

So, with Bush v. Gore, the deadlines meant that the courts had to compress their schedules.

I think it would be hypocritical of the courts to rush through preparation and arguments just to meet the Oct. 7 date. What's more important? Having an election on Oct. 7 or having these legal issues fully researched, argued and contemplated according to a schedule which allows the fullest discussion of the issues?

[nothingshocksmeanymore]

4. It was a foregone conclusion that on a matter this important an en banc

decision would follow. It will be interesting to see what Kozinski does as he is often a wildcard.

[villager]

7. interesting points, both

What is the track record of the 9th when it is "en banc" mode?

[nothingshocksmeanymore]

11. Don't know..AP or Jack Swift could better respond.

[AP]

13. It means that all 25 judges hear the case, with the majority ruling

Althought the 9th circuit has a reputation for being liberal, some think it isn't deserved. I think slightly more than half the judges were appointed by Republicans. Whether you get a liberal or conservative 3-judge panel generally depends on the luck of the draw.

(someone please correct me if I'm wrong about any of this).

[joshcryer]

8. Exactly, en banc was a no brainer. The media whores suck.

They're making it seem like the 9th is changing its mind when it's only following procedure for all intents and purposes.

[villager]

12. how often are things "en banc'd?"

and what about the point that this delays a possible hearing in front of the ethically unSupremes?

[AP]

15. I'm probalby not the most qualified person to answer this question,

but, I think you'd make a decision to appeal en banc depending on whether (1) you had the money for another round of appeals, (2) whether you felt your three judge panel was representative of the dispositions of the whole panel, and (3) perhaps a few other court rules which govern appeals -- and I'm totally making this up -- like maybe you can't appeal en banc a 3-0 decision, or you can't appeal a habeus petition en banc, or something like that.

Amd there are also strategic decisions, like do you think a direct appeal to SC would be better/worse/denied cert, for example.

[villager]

23. hmmm... thanks...

now to see how long it takes for another ruling, etc.

[Zhade]

14. Good catch.

I was thinking the same thing - the media making the 9th look like it's "waffling". Just like the media often says the 9th is the most overturned court, when it's not.

[AP]

16. I bet it's the 4th - the most conservative - that is most often over-

ruled.

Right?

[nothingshocksmeanymore]

17. It depends on HOW you base it

If you base it strictly on cases appealed the 9th has gotten overturned something like 80 times in the last three years..if you base it on total cases heard...the 9th is rarely overturned..I have a post about this on yesterday's thread with the White Commission report.

[piece sine]

18. California law is claer...

an election 80 days from certification. Thus: Oct. 7th. I couldn't be more clear. Issue: how and when can a federal district court overrule a State court on a state election matter.

[Rowdyboy]

19. Well there was that pesky Supreme Court ruling in 2000

that overturned the Florida Supreme Court. Something about counting votes, maybe?

[villager]

21. yes, the petard-hoisting

...in this is making for a damn fine spectacle!

[CO Liberal]

20. In Cases Where The Voters Rights Act May Be Violated

Then it becomes a federal issue.

[nothingshocksmeanymore]

22. The FEDERAL ISSUE IS THE VOTING RIGHTS ACT

is that clear?

[nadinbrzezinski]

24. and the Freedom to Vote Act

Which pushed for the new fangled voting machines...

As of 2002 all the Punch Card systems were
decertified across the US, after the General Election.