Court of appeals in Ca. has.........

[onecitizen]

recommended the recall be posponed. YES!!

[David__77]

1. Link:

http://electionlaw.blogspot.com/

"BREAKING RECALL LAWSUIT NEWS The Ninth Circuit clerk's office just called to tell me that it has reversed the district court on enjoining the election because of the use of punch cards. More details when I get them....."

This is the website of a person, I believe, who filed an amicus brief supporting delaying the election until punch ballots are replaced.

[qb]

2. I believe the court "orders" rather than "recommends"

If this is the case, the election is postponed unless overturned by a higher court. Thanks for the update, onecitizen.

[onecitizen]

12. I was trying to type as...........

I listened and info was coming out quickly. Anyway, it's good news for the good guys.

[ronnykmarshall]

3. Hope it happens!

March will be better for Davis!

[Kolesar]

4. This could accomplish getting BBV into the headlines

This can be worked for publicity to BBV issues, and give Davis further time to kill this bad idea. "It's all good!"

[CMT]

5. just postponed?

I wish they would just hold it. Davis has been gaining traction and the thought of it being held up a few more months just to go thru all of this again is mind boggling.

[leftyandproud]

6. the 9th circuit...

bless them...They get overturned 80% of the time, but they still try to do the right thing!! I doubt this will hold, since the recall is in the CA constitution. It will probably be overturned

[FDR2004]

14. the ballot issue is a matter of basic rights tho

n/t

[leftyandproud]

17. doesn't matter

The constitution is very clear in this...what exactly were the reasons for overturning it? CA has done fine with punch cards for 100+ years.

[Hamlette]

16. good talking points on reversal rates

an 80% reversal rate doesn't mean they were wrong 80% of the time. Only a small percentage of the cases get appealed. For instance, during the 2002 term only 18 cases were appealed, 14 were overturned (about the national average btw). 14 cases out of the hundreds of decisions must be a less than 10% reversal rate.
http://writ.corporate.findlaw.com/lazarus/20020711.html

Anyway. It's the Supremes that are wrong, not the 9th circuit.

Another ring in the circus that is the Calif recall.

[Hanuman]

7. That's big news, but...

don't expect it to stick. The SCOTUS will overturn the vote and we'll hold the election as planned.

[Hamlette]

10. now being reported on the NYTimes web site

[Perky]

8. Recommended ...Not quite They Postponed.

Citinging the Equal protectyion clause and the dienfranchisment of urban county voters where they do no not have electroniv voting.

Stayed tuned...but this will push things back to March...I which case expect a huge turnout on the Dems becuase of the Presidential ballot.

[David__77]

9. Sandra Day O'Conner is in this scenario...

I believe she is the justice responsible for handling any emergency appeals of this matter. It will be interesting to see how or if the high court intervenes. Conventional wisdom says they will swiftly nix the ruling, but I prefer to wait and see. I have no idea what the ruling says, or if it was unanimous.

[Capn Sunshine]

11. Despite what you have seen

the SCOTUS doesn't usually involve themsleves in state election fights. Honest. Except that one measly time in Florida in 2000.

Seriously, they go from that appeals court to the STATE Supreme court. I don't know if there will ever be a SCOTUS hearing.

[Perky]

18. SCOTUS will be involved.

It was the federal circuit that intervened...the only avenue of appeal leads to SCOTUS.

The Equal protection clause is actually a very strong argument! I so not see this as overturnable. It's a very simple argument.

Error rate on Punch Card systems are significantly higher than with electronic balloting. The fact that urban counties are not prepared yet to deploy electronic balloting....makes it a slam dunk

[kentuck]

13. Very interesting !

The conventional wisdom is that this bad for the Repubs. I'm not so sure. They are pretty divided at this time. By postponing the election may give the Repubs time to re-organize. We might expect a few dirty tricks in the interim, would be my guess...

[barbaraann]

15. The more time the GOP has the more dirty tricks they can

come up with. It's a law of the universe.

[Davis_X_Machina]

19. It'll be worth it...

...just to watch that rat-bastard Scalia try to distinguish Bush v. Gore away....

[nothingshocksmeanymore]

20. There is an ideological gap a mile wide in the California Repub party

I would venture to guess this will only increase it since many moderate Republicans were against the recall to begin with.