Breaking News - recall is on!!

[lawrocket 3]

From Yahoo News - http://story.news.yahoo.com/news?tmpl=story&cid=514&e=2&u=/ap/20030923/ap_on_el_gu/davis_recall_838

Holy hell! The Ninth Circuit en banc panel unanimously overturned the 3 judge panel

This is stunning. If you all didn't read the exchange between Judge Kozinsky and Lawrence Tribe, you are missing out n some great legal debate! Kozinsky killed him!

SAN FRANCISCO - A federal appeals court Tuesday reinstated California's Oct. 7 gubernatorial recall election, rejecting a three-judge panel's decision to put it off for months.

Unless the U.S. Supreme Court (news - web sites) steps in quickly, the decision means Election Day is two weeks away.

The 11-member panel of the 9th U.S. Circuit Court of Appeals (news - web sites) unanimously overturned the Sept. 15 decision of a three-judge panel from the same circuit. The original panel postponed the election on whether to recall Gov. Gray Davis (news - web sites) because six counties would use outdated punch-card ballots that were the subject of the "hanging chads" battle in the 2000 presidential election in Florida.

The decision clears the way for a possible appeal to the U.S. Supreme Court, which could be asked to revisit its Bush v. Gore decision in the 2000 election.

The American Civil Liberties Union (news - web sites), which brought the challenge, did not immediately say whether it would appeal.

The appeals court reinstated a ruling by a district court judge who refused to postpone the election. The judges based their decision on the state's constitution, not any precedent set by Bush v. Gore.

"The district court did not abuse its discretion in concluding that plaintiffs will suffer no hardship that outweighs the stake of the state of California and its citizens in having this election go forward as planned and as required by the California constitution," the ruling said.

Legal scholars had predicted the outcome. A day after the original decision delaying the vote, the court announced it would revisit the case with 11 judges — a sign the court was not happy with the original decision.

Davis, a Democrat, has been dogged by his handling of the state's ailing economy. Lt. Gov. Cruz Bustamante is running as a fallback Democratic candidate if voters oust Davis, and Republicans Arnold Schwarzenegger and state Sen. Tom McClintock are among 135 candidates also campaigning for Davis' job.

Some observers thought a delay in the recall vote would have benefited Davis by allowing voter anger over the state's problems to cool, and because many Democrats would be attracted to the polls for the presidential primary if the recall election were moved to March.

But even Davis sounded fed up last week with the lengthy process, saying Friday: "My attitude is, let's just get it over with, let's just have this election on Oct. 7, put this recall behind us so we can get on with governing the state of California."

The 11 judges of the 9th Circuit heard oral arguments in the case Monday.

Lawyers for Secretary of State Kevin Shelley had urged the panel to overturn the three-judge panel. They said the California constitution requires recall elections to be held no later than 80 days after enough signatures of registered voters are gathered. They also said the vote should go on because more than 600,000 absentee ballots had been turned in.

The counties whose voting apparatuses prompted the litigation include Los Angeles, Mendocino, Sacramento, San Diego, Santa Clara and Solano. They represent about 40 percent of the state's registered voters.

Noting the uproar over the 2000 presidential election, the three-judge panel had ruled that an Oct. 7 recall vote would be a "constitutionally infirm election" and that not stopping it now would pave the way for "bitter, post-election litigation over the legitimacy of the election, particularly where the margin of voting machine error may well exceed the margin of victory."

Agreeing with the ACLU, the original opinion often cited Bush v. Gore, the case in which the U.S. Supreme Court stopped Florida's presidential recount. The high court stopped it because Florida lacked uniform standards on how to actually recount the votes — such as what to do with "hanging chads," the judges said.

The case is Southwest Voter Registration Education Project v. Shelley, 03-56498.

My wife is hotter than your wife.

[turtlespeed 226]

Like a bunch of 5 year olds fighting over a power ranger doll!

I'm not usually into the whole 3-way thing, but you got me a little excited with that. - Skymama
BTR #1 / OTB^5 Official #2 / Hellfish #408 / VSCR #108/Tortuga/Orfun

[TheAnvil 0]

Any opinions on this from a judiciary perspective? The entire court en banc isn't as left-wing as the three who made the original decision, but is still a VERY left leaning court as a whole.

Do you think that they didn't want to get the judicial 2 x 4 ass beating the SCOTUS gave the FL supremes during '00 and therefore decided to have the election as sked?

Just wondering.

Vinny the Anvil
Post Traumatic Didn't Make The Lakers Syndrome is REAL
JACKASS POWER!!!!!!

[lummy 4]

Thank god, I really didn't want to see this circus go on for another 6 months...


Speaking of Circus, what is up with Darryl Issa?? I heard on the news last nite that he is telling people to vote "NO on the Recall"

For those who don't know who Darryl is, he's the guy who bankrolled the recall attempt

I promise not to TP Davis under canopy.. I promise not to TP Davis under canopy.. eat sushi, get smoochieTTK#1

[usedtajump 1]

Yawn.

The older I get the less I care who I piss off.

[rehmwa 2]

Very cool since it says the law held itself to California law and didn't confuse it with national electoral issues.

Something the 3 panel was incapable of doing.

...
Driving is a one dimensional activity - a monkey can do it - being proud of your driving abilities is like being proud of being able to put on pants

[billvon 3,121]

>Thank god, I really didn't want to see this circus go on for another 6 months...

Oh, I think you'll have plenty of opportunities to watch circuses in the future. If we elect Arnold, and he fulfills his campaign promises of doing nothing until he's formed committees to look into everything? Look for a recall in, say, six months.

Used to be that you had to be careful when voting for governor, because you were stuck with him for four years after that. No more! Now you can just "try one on" and vote him out when you decide you don't like him that much.

[kiltboy 0]

Quote

Used to be that you had to be careful when voting for governor, because you were stuck with him for four years after that. No more! Now you can just "try one on" and vote him out when you decide you don't like him that much.

Excellent! Bring on Gary Coleman.

David

[lawrocket 3]

Well, it is becoming known that Chief justice Mary Schroeder of the 9th Circuit is concerned about the number of times her circuit gets overturned. Clearly, there were serious issues with the 3 judge panel's analysis, or else there would not have been 11 for 11 overturning it.

We may actually see some self-policing here. It may show the population that it will strike down judges making poorly reasoned decisions, especially under the "Abuse of discretion" standard for this matter.

Interesting decision, and it was very well reasoned.

My wife is hotter than your wife.

[billvon 3,121]

>Excellent! Bring on Gary Coleman.

And then Mary Cook the porn star! Her platform:

-A "porn for guns" exchange program
-Fighting global warming by wearing fewer clothes
-Tax breast implants; make lap dances tax deductible
-Legalize ferret ownership

[kiltboy 0]

Hmmmm sounds like a blond(e),

What's the problem with ferret ownership?

David

[lummy 4]

But Bill, Arnold WILL make sure that 50% of all new homes will be solar powered by 2005 AND he's gonna convert his HUMMER to hydrogen.


now legalized Ferrets, that definitely makes sense and I'm all for it

Tax breast implants... Hmmmm that would solve our budget deficit REAL quick. If we taxed ALL plastic surgery, we'd run a surplus til the next century



Has no one heard about Issa? I heard it on the news but wasn't paying attention to why he's changed his mind... I hope someone told him that there's no refunds

I promise not to TP Davis under canopy.. I promise not to TP Davis under canopy.. eat sushi, get smoochieTTK#1

[billvon 3,121]

>But Bill, Arnold WILL make sure that 50% of all new homes will be
> solar powered by 2005 AND he's gonna convert his HUMMER to
> hydrogen.

Right after he opens the hydrogen mines no doubt.

Real quote from Arnold: "As you know, I'm very much for families and very much for children and children's issues and all that stuff." Well, how can you argue with _that_?

[AggieDave 6]

Quote

Used to be that you had to be careful when voting for governor, because you were stuck with him for four years after that. No more! Now you can just "try one on" and vote him out when you decide you don't like him that much.

That in and of its self is scary. The ability for the government to do its job will be seriously crippled from the President all the way down to the local sheriff.

What a wild ride this will end up being and it'll be interesting to see if government as we know it can survive this in the next few years.

--"When I die, may I be surrounded by scattered chrome and burning gasoline."

[QuickDraw 0]

Quote

you are missing out on some great legal debate! Kozinsky killed him!

Ahh... thats my kind of debating.



.. other than mass debating, which i'm also good at.

-- Hope you don't die. --

I'm fucking winning

[PhillyKev 0]

Quote

-A "porn for guns" exchange program
-Fighting global warming by wearing fewer clothes
-Tax breast implants; make lap dances tax deductible
-Legalize ferret ownership

You'd have to rename California to Utopia if this all got passed.

[Gawain 0]

Quote

Speaking of Circus, what is up with Darryl Issa?? I heard on the news last nite that he is telling people to vote "NO on the Recall"

For those who don't know who Darryl is, he's the guy who bankrolled the recall attempt

Issa is telling people to vote No if Schwarzeneggar or McClintock are still running against each other. Reason, it will split the vote, and Issa is more concerned about Bustamonte than Davis. If neither McClintock or Arnold back down, then that's a very real concern.

Edited to clarify.

So I try and I scream and I beg and I sigh
Just to prove I'm alive, and it's alright
'Cause tonight there's a way I'll make light of my treacherous life
Make light!

[lummy 4]

Quote

That in and of its self is scary. The ability for the government to do its job will be seriously crippled from the President all the way down to the local sheriff.

I'm not aware of any type of recall mechanism for a federal recall attempt (aside from an impeachment) and I think there's only a handful of states that have a recall law on the books.
Still tho, I aqree with Bill's concerns about recalls and the effect it could have on the future of California politics.

Gots to run, I'm building a hydrogen mine and I need to finish it in the next two weeks. I'm gonna be rich I tell ya.

As for Issa, how uterly stupid is that?

"Hey everyone, the GOV is doing a crappy job, let's get rid of him"

later..
"Hey everyone, the Republican's aren't gonna win this if we run two strong candidates... Let's not vote the Gov out of office now.."

I'm sorry, but if you didn't want a free for all election where you stood a chance, then you should have done it the right way and have primaries where a candidate wins the right to run for office...


What Platform is Bozo the Clown running under? I thinking of voting for him.

I promise not to TP Davis under canopy.. I promise not to TP Davis under canopy.. eat sushi, get smoochieTTK#1

[lawrocket 3]

Scary? You know, I think that this will probably be the only balloted recall for the next several years, at least in Cali. This mechanism has been around for about 100 years, and I wonder whether these same arguments were made back then.

But, it's also a lesson to politicians that the electorate can get thoroughly fed up. This election in California isn't over a small mistake. It's not ove a governor merely failing to balance a budget.

The way the conservatives have framed it, it is an issue over total mismanagement of the State, and a total mishandling of the budget and policies.

Jerry Brown didn't even reach this level...


p.s. Issa thinks that Bustamonte is worse than Davis. After what he's been saying these last couple of weeks, i.e. socialized medicine and services and privileges to illegal immigrants, I just may agree with him.

My wife is hotter than your wife.

[billvon 3,121]

>and I think there's only a handful of states that have a recall law on the books.

Texas is considering a recall now, and Pennsylvania is trying to get a law passed so _they_ can do recalls. All the cool states have recall laws.

[SkydiverRick 0]

The quicker that we get this recall over, the quicker that Arnold can start the clean-up.

never pull low......unless you are

[freeflir29 0]

Oh WOW...the 9th circuit doing something else stupid. Gee....that's a suprise.

[TheAnvil 0]

Thought y'all would get a kick out of this. From The Federalist:

This week's "Hyper-Hypocrisy" Awards: "[M]ass disenfranchisement in the counties stuck with punch cards are far more likely than other Californians to have their ballots thrown out." --NY Times
defending the 9th Circuit Court suspension of the California recall. Apparently the Gray Lady has become a bit senile, as she clearly forgot about her own chart showing the punch card system as the most efficient of all voting systems available:
"Optical scanners have an error rate of 3.3% ... Touch screen systems have an error rate of 3.0% ... Data Vote systems have an error rate of 3.2% ... Punch Cards...have an error rate of 2.5%"

Bwaaaaaahahahahahahahahahahahaaaaaaa! We all knew the ACLU was run by buffoons who haven't even READ the Bill of Rights! Now we know they can't do basic math either! LMFAO! Maybe this will bring them around on school vouchers - for themselves! Bwaaahahahahahahahahahaaaa!

Vinny the Anvil
Post Traumatic Didn't Make The Lakers Syndrome is REAL
JACKASS POWER!!!!!!

[lawrocket 3]

You know, Mr. Anvil, this may surprise you somewhat, but the ACLU takes some stands upon which I agree. These are mainly in the department of 4th Amendment search and seizure.

However, they get ridiculous with too many things. This was an example of their wanting a political end and seeking a legal way to do it. This was not about disenfranchisement, or else they would have brought this up before and had empirical data to show a "likelihood of success."

I like your data, which shows empirically that such a likelihood does not exist.

I don't always knock the ACLU. It's kinda like my personal belief that Scalia isn't ALWAYS right. Just usually, with a few very notable exceptions...

My wife is hotter than your wife.

[TheAnvil 0]

Oh I too like the organization in principle, and do support some of their past endeavors. I think that the current ACLU is run by a bunch of far left leaning lunatics bereft of common sense. The majority of their actions in the past few years fit with the description of my earlier post.

Vinny the Anvil
Post Traumatic Didn't Make The Lakers Syndrome is REAL
JACKASS POWER!!!!!!