Tough question.  I'm reasonably sure that Scalia, Thomas, & Rehnquist aren't fond of this use of the equal protection clause but they won't have to explain themselves if they don't hear the case.  Thus, I don't think the Court takes it. 
 
Don
----- Original Message -----
Sent: Monday, September 15, 2003 11:24 AM
Subject: Ninth circuit and the recall

All right, so we’ve all heard the news.  Two quick questions, testing the current common wisdom of the list:

* Will the SC intervene?

*  If so, how will Rehnquist, Scalia, and Thomas vote?

 

Howard Gillman

USC

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