Dems may take CA recall to the supreme court.

[Robin Hood]

I heard that todays ruling from the CA State Supreme court is not the end of the road. The dems are filing with the federal court, and this might go to the top, all the way to the Supremes.

Do you think that the Supremes will find California's recall law unconstitutional and cite the equal protection clause like they did when they annointed Bush? I bet that they would not, in which case, it would be time for a revolution.

Why is Arnold running now? Why didn't he run in the last election? The Terminator is a damn pussy, no offense to pussy's.

[hombreconcarne]

1. Yo, watch it...

Arnie sucks, we know that much...but c'mon, The Terminator?! he's...the TERMINATOR! HE'LL BE BACK! He kicks ass. When's the last time you jammed a thermonuclear device down the throat of an insanely gorgeous assassin robot from hundreds of years in the future? Hmmmm?

[Robin Hood]

4. If he had any balls.

he would of ran against Davis fair and square in the last election. Terminator is a damn wuss, i've lost all respect for the nazi.

[PROGRESSIVE1]

7. Arnie has no balls...

OBVIOUSLY!!! He could have run fair and square but he didn't. The little Furher is going to take the back enterance in.
Arnie is truely Classless Scum!

[Robin Hood]

10. I know, it's such chickenshit..

He had his chance last election but knew that he couldn't win fair and square. But in a field of 500 people running, his name recognition will stand out.

[dfong63]

20. you can see his balls quite clearly

here:

[jiacinto]

24. Is this image too X-rated for DU

Does DU allow nude pictures?

[Lost_Stash_Of_Dubya]

35. ROTFLMAO!!!!!

Oh man, that's funny.

Imagine if a democrat was running for governor of one of the largest states in the Union, and he had done pornography in his past.

Would the right wing leave him alone?

Would the media leave him alone?


Maybe this photo will become an issue, but somehow I don't think the corporate media will care, and the Right Wing republicans and fundamentalists won't say anything for sure. After all, porn is only immoral if a dem or liberal participates in it.

[jiacinto]

36. In CA it won't be a big deal

Now if Arnold were running in--say Alabama or Idaho--then it would be a big deal.

[Robin Hood]

38. Really?

I can't see them at all. he looks like he has wee nads, to match his wee brain and pecker.

[devarsi]

37. I've Heard Steroids Will Do That

and jowls.

What a trade off, eh?

Hey, I got a normal set of testicals here, what'll ya give me?

Ahhh, how about abnormal muscle growth, puffy jowls, and a 50/50 shot at cancer?

What kind of an idiot makes that trade?

[ShaneGR]

11. lol, nice first post

I suspect you and I differ on our political beliefs, but that was funny.

[papau]

31. Will these photos of Arnie's mistress cause problems?

Gigi Goyette with Arnold Schwarzenegger, 53 -National Enquirer says seven years of cheating on his wife Maria Shriver, 45, with Gigi Goyette, 42 with photos of the terminator-loved lady in the bikini and at Arnies side.

[Robin Hood]

32. Why does she stay with him?

Last night Foooking MSRNC's olberman or something. Does this sex stuff even count any more.


Can you believe this crap? It seemed to matter when Bill was being roasted over an open pit, or how about Condit? But now that a Republican is a dog, it really doesn't matter anymore. Fuck you, you corporate whores!!!

[whathappened]

2. how can a small number of wing nuts cause such a mess

it took alot more then 12 percent of the vote to get elected , how can anybody with money come up with a few names on a sheet of paper and say you are no longer fit to run this state , where is the out rage , could we do this to jr. and get by with it , they would have lawyers all over this if jr. was wearing davises shoes

[Robin Hood]

6. I don't understand it either.

how can a small minority gather a handful of signatures, overide the millions of people that took the time to go vote in support of Davis last fall?

[jiacinto]

3. The US Supreme Court will not hear the case

The farthest it will go is the Ninth Circuit in San Francisco. And I doubt that they will rule in favor of Davis, even though it is the most liberal circuit in the country. After Bush v Gore the courts are out of the elections business.

One recent example is the NJ Senate race. The courts refused to get involved on behalf of Douglass Forrestor and the NRSC. If they couldn't win there I don't see Davis prevailing.

Maybe a lower court or the Ninth will help him out, but I don't see it happening. Davis needs very good lawyers and luck.

[Robin Hood]

5. So the courts only get involved

when there are big fish to fry like the presidency.

[jiacinto]

9. Yes

But that foray into Bush V Gore was probably the one time in our lives that they will deal in an election case. After all the (deserved) criticism following that decision I doubt that the justices want to touch any more cases related to disputed elections.

First of all I don't see what federal issues could be raised in this case. This is a state election, not a federal matter. Unlike Bush V Gore, which dealt with an election to a federal office, we are talking about a statewide position.

I don't know what federal question Davis could bring up that would allow a US Court to assert jursidiction. I am not a lawyer, so I will defer to any attorneys who are posting at DU. But I don't see what issue Davis could bring up to the US district or the Ninth Circuit Court of Appeals.

[Robin Hood]

12. What about the equal protection clause?

Would that not render recall laws unconstitutional? After all, Davis won fair and square in a state wide election and won.

[jiacinto]

14. Tough case

I guess that Davis will argue that the recall measure allows a small minority of voters to overturn the will of the people who voted in the last election. And that violates his rights.

But I don't see that working because CA has a recall law and it requires a majority of those voting to remove him from office. So the people who voted for him the first time would have the opportunity to support him again.

Then again I am not a lawyer. So hopefully one will come to this thread and address what issues, if any, Davis could raise in federal court.

[Robin Hood]

15. Yes, but.

Has it been tested constitutionally? It just does not seem right that less than one million signatures can recall a Governor that won with millions of votes. How does that make sense?

[jiacinto]

17. Here is where that argument falls flat

The recall provision forces another election. And a majority have to vote in that election to remove the Governor. So the people who voted for Davis the first time in 2002 would have the opportunity to register their support.

But the one issue that Davis might be able to argue is that the recall provision, which allows many candidates, will result in the replacement getting such a small plurality that it does not represent the complete will of the voters.

However, even that argument is weak because whoever gets the most votes wins. So I can't see how Davis could prevail on that point.

Again I'm not a lawyer, so I defer to any legal experts in this thread.

[Robin Hood]

19. But Davis has already gotten the most votes and won.

I don't think that the small plurality argument is weak, especially if it's considerably smaller than what Davis got in the real election. How does that represent California.

[jiacinto]

22. Here is the problem

For the court to throw out the procedure Davis has a very high burden to meet. And that point isn't enough.

I guess that Davis could also argue that the recall procedure itself is flawed, but I doubt the courts are going to rule that that mechanism is unconstitutional.

I don't see Davis prevailing here at all.

[Robin Hood]

25. I don't see Davis prevailing either.

Why hasn't the dem leadership at least gotten out front of this thing with ads and appearances on shows, pointing out that the mess in California leads straight to the top of the Bush admin.

I sure feel let down by the dem leadership.

[jiacinto]

28. I am not in California

So I don't what's being said on the media there.

[Robin Hood]

30. I am not in Cali either, but one state up.

I used to live in Cali until a couple of years ago, so i'm fairly fresh with it's history, phony rolling blackouts and all.

We may not be ther but we can listen to them by streaming radio from the San Fran bay Area.

http://www.streamaudio.com/listen/public.asp?station=kgo_am



Here is the radio stations web site. http://www.kgoam810.com

You probably are already aware of KGO.

[hang a left]

33. I don't know about that

I think it may be a constitutional issue. Because of the fact that their will be very limited polling sites available, democrat voters will be disenfranchised, that was their argument to CA supreme court. Not a lawyer, but they argument seems worthy of consideration on constitutional grounds

[Robin Hood]

34. Hmmm, very interesting.

The voting access may indeed be limited because of the time frame. Good point.

[jiacinto]

39. The Supreme Court doesn't have to hear the case

And they won't. They are out of the elections business for at least the next generation. After (deserved) criticism from Bush V Gore they are not going to touch the elections business. They rejected the NRSC's case last year in the NJ Senate. I can say with reasonable certitude that they will not take the case.

Maybe the lower courts will grant a hearing. The district level judge has to give them their "day in court". The Ninth Circuit Court of Appeals has to hear the case once.

But otherwise I don't see it getting past the Ninth Circuit Court of Appeals. The Supreme Court will not grant certiori unless Hell freezes over.

[Pepperbelly]

8. a total waste of time ...

the Felonious Five are still gaggled together plotting mischief against us all. They haven't changed their spots and they haven't gone anywhere. Fat Tony's giving them a pep talk on it as we speak.

[nbsmom]

13. I've said this on other posts...

Now that this has become the full-blown media circus that it has, it really doesn't make sense to continue. There is no good for the party that can come of this. The easiest and most sensible course of action is to have Davis resign. That way, Bustamante ends up as Governor anyway and CA is $65 million richer (and we can focus on the bigger prize of removing the fool residing at 1600 Pennsylvania).

[Robin Hood]

16. Freaking Bustamante put him self on the ballot.

Is it to late for Davis to resign and for Bustamante to take over?

[Robin Hood]

18. I wouldn't doubt that for one minute.

Those slimy bastards. There's a hot hole in hell waiting for them, and telepathically, I'm buying them a one way ticket there.

[SuffragetteSal]

21. Felonious Five :)

I'm sorry, LOL. I couldn't help myself. You are a genius writer :)

Oops, I promised another thread last night I would not participate in any Ahnold thread...sorry

[Yentatelaventa]

23. What type of revolution?

Safe or dangerous?

[Robin Hood]

27. In the streets and in your face.

Like we should have been doing all along.

[Dancing_Dave]

26. Mistake for the Dems to fight the recall in court, fight DEMOCRATICLY

It looks to anti-democratic to for the democrats to try to stop this with a court ruling, and the courts are unlikely to rule against the recall anyway. Davis just needs to win a majority again like he did before. I think his chances of winning again are good, especially considering the obvious joke canidates likely to be lined up against him on the recall ballot. Public opinion polls now mainly just reflect the fact that people are generally very angry about way things are going these days. They'd like to protest every last d_mn politician who happens to be in office these dark days. They'll say that their garbage man would probably do a better job. But when it comes down to a serious election, the majority will not stupidly elect a famous inarticulate thug that obviously has no qualifications to handle the serious problems that California and every other state of the union has these days. The only time something like that ever happens, is when people really have very little to worry about and the election turn out is very low. For example, Jesse Ventura at a comfortable and apathetic point in the history of Minnesota (and Jesse is obviously smarter than Arnold anyway). Tyrants may indeed seize power in a crisis, but they are a smarter grade of tyrants than anyone who's likely to be on the ballot against Davis. It's a joke.

[SoCalDem]

29. Yeah..

That'll work :eyes: