Court Sharply Challenges Recall Delay

[Judi Lynn]

September 23, 2003

Court Sharply Challenges Recall Delay
Legal experts say the federal appeals judges appear headed toward restoring the Oct. 7 election date. A ruling is expected today.


By Henry Weinstein and Maura Dolan, Times Staff Writers


SAN FRANCISCO — Federal appeals court judges sharply challenged attorneys seeking to postpone the Oct. 7 recall election, posing questions that were notably unsympathetic in number and tone during an hourlong, nationally televised hearing Monday.

Legal scholars and lawyers close to both sides of the case said after the hearing that the judges appeared to lean toward the argument, made by lawyers for Secretary of State Kevin Shelley, that postponing the election would be unfair to voters. (snip)

(snip) The court is expected to rule this morning. Putting the election back on track would reverse a ruling issued last week by a three-judge panel of the court. That panel threw the already complex recall election into even greater confusion by ordering the election put off, probably until March.

(snip) If the court does order the election to proceed, the American Civil Liberties Union, which challenged the election, could appeal to the U.S. Supreme Court. The votes of five of the nine justices would be needed to stop the election, however, and legal experts consider that unlikely. (snip/...)

http://www.latimes.com/news/politics/recall/la-me-court23sep23,1,7858816.story?coll=la-home-headlines

[Booberdawg]

1. Well that really sucks

[0007]

2. It does indeed

But I believe the Dems are fired up in California and Davis will come out smelling like a rose.