The Ninth Circuit has agreed to rehear this week's decision on the recall. My guess is that the panel will overturn the decision but still require the District Court to set a new date for the election (poss. the first week of November) so that the appeals can be properly heard.

UPDATE: Eight of the eleven judges on the en banc panel were originally nominated by Democratic Presidents, but none of the three who made the original ruling made it.

UPDATE [2]: The oral arguments before the Court of Appeals will be televised !!