RECALL BACK ON
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James Joyner | Tuesday, September 23, 2003 |
CNN reports that the 9th Circuit is about to overturn the stay:
California’s recall vote will go ahead as scheduled on October 7, an 11-judge federal panel ruled Tuesday.The American Civil Liberties Union had filed suit requesting that the ballot be delayed so that punch-card voting machines could be updated.
The ACLU has the option to file an appeal with the U.S. Supreme Court. Any emergency appeal filed with the U.S. Supreme Court would go first to Justice Sandra Day O’Connor, the justice who has jurisdiction over appeals from the 9th Circuit.
O’Connor could decide to issue a stay to either postpone the election, or allow it to proceed, depending on what the lower court rules or refer the matter to the full Court. Then all nine justices could either respond to the emergency appeal, or decide to do nothing. That would mean the appeals court ruling would stand.
What O’Connor will do depends entirely on whether she’s on her medication that day, I fear.
(Hat tip: Laurence Simon)
Update (1317): The decision was unanimous!
Kevin Drum correctly notes that this is “a real kick in the teeth to the three judges who postponed it. I doubt very much that the Supreme Court will choose to review a unanimous decision like this, so we’re off to the races.”
Update (1322): Howard Bashman, not surprisingly, has several posts chock-full of linky goodness.
About the Author: James Joyner is the publisher of Outside the Beltway and the managing editor of the Atlantic Council. He's a former Army officer, Desert Storm vet, and college professor with a PhD in political science from The University of Alabama. He lives just outside the Beltway in Alexandria, Virginia with his wife and infant daughter.
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