NYT: Experts Say Court Panel Is Less Likely to Delay California Vote

[kskiska]

The 11-judge panel that will reconsider the California recall case includes eight appointed by Democratic presidents and just three appointed by Republicans, which at first blush might hearten the civil rights groups that had persuaded three judges, all appointed by Democrats, to delay the election in a decision issued Monday.

But the consensus among legal experts yesterday was that most of the judges on the larger panel of the court, the United States Court of Appeals for the Ninth Circuit, are either aligned with the circuit's more conservative wing or are moderate in the sense of avoiding drastic actions like calling off elections.

"As favorable as the original panel was for the A.C.L.U.," said Vikram Amar, a professor at Hastings College of the Law in San Francisco, "this is as favorable a panel as you can get for the other side." The A.C.L.U. Foundation of Southern California represents the civil rights groups in their challenge over punch-card voting.

Howard J. Bashman, a specialist in appellate law in Philadelphia, agreed, calling the panel about as conservative as one is likely to find on the Ninth Circuit.

more…
http://nytimes.com/2003/09/20/national/20LEGA.html?hp

[jiacinto]

1. Yeah

I doubt that they will stop the recall.

[Gman]

2. This may be a good thing if...

they delay the election. The SCOTUS would have a very hard time overturning the decision considering who made the decision.

[bluestateguy]

3. S' That So?

I learned a long time ago not to try and predict what federal courts will do. In December of 2000 I was convinced that the USSC would stay true to their fealty for states rights and stay out of the Florida recount. Just wait and see.