Tuesday, September 23
En banc Ninth Circuit rules California recall will go ahead next month
Read the opinion here. Of particular note are the two sentences with which the Court disposed of the Bush v. Gore/equal protection issue:
In Bush v. Gore, the leading case on disputed elections, the court specifically noted: “The question before the Court is not whether local entities, in the exercise of their expertise, may develop different systems for implementing elections.” 531 U.S. at 109. We conclude the district court did not abuse its discretion in holding that the plaintiffs have not established a clear probability of success on the merits of their equal protection claim.Short, sweet, and right.