September 17, 2003

Good summary of the political ramifications if the Supreme Court decides to get involved in the recall fracas. I'm still waiting for Volokh Conspiracy to weigh in on this; to date, the conservative reaction has spanned the range from ad hominem attacks on the three justices (here, here, here, and here) to strained efforts (here and here) at distinguishing Bush v. Gore, none of which has redounded to their credit, either politically or intellectually. I happen to believe that the Ninth Circuit's decision was a reasonable one from a legal standpoint (in any event, I have always thought that being the "most overturned appellate court" in the era of Rehnquist, Thomas and Scalia was the highest honor that could be given to a federal circuit; no one has any problems today with the dissents of either of the Harlans, for example), but may be questionable from a factual standpoint (are the methods of counting ballots to be used in March really that more accurate than the punch card system, so much that there is no "rational basis" to hold the quickie election?) I'm no law-review rat, so I'd be happy to read more learned opinions on this issue.

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