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.

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James Joyner
About James Joyner
James Joyner is Professor and Department Head of Security Studies at Marine Corps University's Command and Staff College and a nonresident senior fellow at the Scowcroft Center for Strategy and Security at the Atlantic Council. He's a former Army officer and Desert Storm vet. Views expressed here are his own. Follow James on Twitter @DrJJoyner.