The California Re-call and the ACLU

[j]

The 9th District Court used the Supreme Court case in Bush vs Gore, as a basis for their decision monday. The basis for the Supreme Courts decision to throw out the recount in FL was that using different standards for counting votes in different counties across FL violated the Equal Protection Clause.

The 9th District was reaching for a similarity that doesn't exist.

First, the high court's ruling was all about Florida's manual recount, not about machine error or even human error. It was about recounting some votes and not others. The Supreme Court ruled that the proposed recount was not fair or legal because it was an attempt to recount certain groups of voters (and not others) in areas where Gore hoped to pick up the votes he needed to carry the state.

To make it similar, opponents of Gray Davis would have to go through the state of California, county by county, and place the punch card machines in counties whether they think Davis has the most support, on the somewhat stupid assumption that more of their votes would not be counted.

Second, the Supreme Court's five-member majority wrote in that case that the decision was "limited to the present circumstances" and should not be applied to other cases. It specifically told other courts not to use its ruling as a precedent in other cases.

Did the 9th circuit court listen? No. Nor did they take a cue from other courts.

Before Monday's decision, the ACLU's case had been turned down by both the California Supreme Court and the U.S. District Court. If the ACLU were honestly worried about the possibility of the punch ballot machines distorting the outcome of the election, it would have spoken up in 2002, rather than waiting until now. It acted in desperation to try to save Governor Davis, failed twice and then used its ace in the hole - the always dependably liberal 9th Circuit Court of Appeals.

Here is some facts that makes us Conservatives sick to our stomaches:

The 9th Circuit is the same court that ruled that the Pledge of Allegiance's reference to "one nation under God" is unconstitutional; that a prison inmate has the right to mail sperm out of prison to procreate; and that public housing officials cannot evict residents engaged in drug use.

Rest assured, this will be overturned by the Supreme Court, unless of course an 11 member panel of the same court overturns the 3 member panel that handed down this decision. Highly un-likely but you never know with the California Liberal Wackos.

[j]

Federal appeals court rules that California recall election will proceed as scheduled on October 7.

[wx247]

Good... that is the way it should be.

[weatherlover427]

I agree, I certainly didn't want to see it halted.