The Corner

Recall Recalled?

The latest polls have California’s Governor Grey Davis staring at possible defeat in the October 7th recall election. Meanwhile “the poll found troubles emerging for [Lt. Gov.] Bustamante as voters learn more about him. His unfavorable rating surged from 29% in the August poll to 50% in the new one.”

Despondent CA Democrats may yet be able to count on help from an unexpected quarter.

On September 11th, a three judge panel of the 9th Circuit Court of Appeals heard the ACLU’s complaint that the use of punch card voting in the recall election would discriminate against residents of Los Angeles and other localities.

According to the Los Angeles Times: “[Deputy Attorney General Douglas J. Woods] appeared sufficiently concerned about the prospect that the appeals court would halt the election that he asked the judges to give him sufficient time to appeal such a ruling to the Supreme Court” (emphasis added).

Woods proved he could listen (“Comments by the judges had lawyers for a coalition of minority groups wondering after the argument whether it could have possibly gone any better,” says The Recorder. He also proved he could count. Kausefiles noted last week (scroll down to September 5th) :

Hold on to your chad: The ACLU appears to have won the Ninth Circuit lottery in its bid to have the federal appellate court postpone the scheduled October 7 California recall election. The 3-judge panel on the case–Harry Pregerson, Richard Paez, and Sidney Thomas–seems both a) liberal and b) willing to make trouble . Here’s an excerpt from a highly informative piece by Jason Hoppin in The Recorder:

Pregerson is the ex-Marine who recently declared that he could not, “in good conscience,” go along with the U.S. Supreme Court’s jurisprudence on California’s Three Strikes law.

He’ll be joined by judges Sidney Thomas and Richard Paez, both appointees of President Clinton. Paez’s nomination languished for years after conservatives tagged him as too liberal. Thomas, a soft-spoken Montanan, proved he is just as fearless as Pregerson this week when he reversed the death sentences of more than 100 prisoners throughout the West.

And the best part of this case for California Democrats? According to The Recorder “If the panel calls off the recall, Attorney General Bill Lockyer’s office isn’t required to appeal on the secretary of state’s behalf.”


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