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9.15.2003

The Ninth Circuit of Appeals has delayed the California recall election. Prediction: that decision will be appealed to the U.S. Supreme Court and overturned almost immediately. Why? Partly because the factual circumstances are different then Florida in 2000, partly because of a desire not to interfere with a clearly publically-mandated recall effort. It seems to me that Bush v. Gore is quite distinguishable from the current set of facts and that the S.C. will find it less tolerable to interfere in an recall election under these facts than a presidential election under the facts of Bush v. Gore. Plus, whose side is the ACLU on anyway?

UPDATE: They're going to have an en banc hearing to reconsider.
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