Do we Americans have to let everything linger? (9th Circuit Court Delays Recall)

[Japher]

I wish I had a digital camera... I would have a fun time with it... Go around the courthouse like it's a Funhouse, taking pictures, laughing at paintings and molesting statues...

[Dinner]

It's clear there are more politically minded activist judges willing to disreguard fairness and the law in the 9th circuit then in any other court district in the country. That;s way their rulings are always being over turned and that's why so many people want to split the 9th circuit.

[Jack_www]

Is there anyone here on Apolyton that still thinks that this was a sound rulling???

[Dinner]

Even the leftists have run home and won't defend this...

[Ned]

Even prominent Democrats are in dismay. Jerry Brown said this decision was wrong even though he supports Gray Davis.

[chequita guevara]

Originally posted by JohnT
Not to mention untrained election workers:

I tell ya, my town sux! And it sux poorly!

[chequita guevara]

Originally posted by Oerdin
Even the leftists have run home and won't defend this...

Actually, I think the ruling was brilliant. I was laughing my ass off all day yesterday once I realized what they had done. They took Gore v Bush and shoved it all the way up the Republicans ass. The ruling is wholly based on Gore v. Bush. Now the Republican controled SCOTUS is left with the prospect of letting it stand, and seeing the Republican power grab in California fail or they have to reverse themselves. This ruling is just a big **** YOU! to SCOTUS.

[Ned]

Che, Bush v. Gore had nothing to do with minorities being less capable of punching holes. I am sure this "brilliant" decision will be overturned - or sustained on different reasoning.

Also, if this decision is right, the court must (eventually) void the results of all election contests conducted under the unconstitutional system - right? The 9th Circuit recently ordered all death sentences imposed by judges to be commuted to life sentences. It should also postpone all elections where the unconstitutional punch ballots are being used. To address one and only one contest - the one that Gray Davis is going to lose - stinks to high heaven.

[Dinner]

Hmm, the 9th circuit is talking about having an 11 judge panel review the 3 judge panels decision. Apparently many of the judges are cheese off with the ruling.

[HershOstropoler]

Originally posted by chegitz guevara


Actually, I think the ruling was brilliant. I was laughing my ass off all day yesterday once I realized what they had done. They took Gore v Bush and shoved it all the way up the Republicans ass. The ruling is wholly based on Gore v. Bush. Now the Republican controled SCOTUS is left with the prospect of letting it stand, and seeing the Republican power grab in California fail or they have to reverse themselves. This ruling is just a big **** YOU! to SCOTUS.

Yeah, but two turds don't make a right.

[chequita guevara]

Originally posted by HershOstropoler
Yeah, but two turds don't make a right.

It's still funny.

Ned, you're wrong. Gore v Bush is slightly appropriate here. What was at issue there was the right of every Floridian to have their vote count equally. It's the same issue ni California. Punch card voting booths are more likely to return errors than touch screen, regardless of the abilities of the voter.

The real question is: how Gore v Bush should be applied, before or after an election? The 9th is saying it applies before the election.

[HershOstropoler]

Originally posted by chegitz guevara


It's still funny.

That for sure.

[Ned]

Originally posted by chegitz guevara


It's still funny.

Ned, you're wrong. Gore v Bush is slightly appropriate here. What was at issue there was the right of every Floridian to have their vote count equally. It's the same issue ni California. Punch card voting booths are more likely to return errors than touch screen, regardless of the abilities of the voter.

The real question is: how Gore v Bush should be applied, before or after an election? The 9th is saying it applies before the election.

Maybe, maybe not. If Bush v. Gore applies, why does the opinion depend upon the relative ineptitude of minorities vis-a-vis non minorities in their ability to punch holes? B v. G was about the unfairness of having two different counting methods for the same machine. Minority status was not involved.

And if you are right, why are all the other elections held since 2001 not unconstitutional for the same reason?

[chequita guevara]

Originally posted by Ned
Minority status was not involved.

As I understand it, it's only assumed here, as three of the counties concerned do not have significant minority populations.

And if you are right, why are all the other elections held since 2001 not unconstitutional for the same reason?

If it isn't challanged, it isn't unconstitutional. Kinda like, it ain't illegal if you don't get caught.

[Ned]

Originally posted by chegitz guevara

Originally posted by Ned
Minority status was not involved.

As I understand it, it's only assumed here, as three of the counties concerned do not have significant minority populations.

And if you are right, why are all the other elections held since 2001 not unconstitutional for the same reason?

If it isn't challanged, it isn't unconstitutional. Kinda like, it ain't illegal if you don't get caught.

I think Simon will sue to have the 2002 race declared null and void and to have a new contest with Davis. That will nix the current recall.