Under California law, who has the power to make the decision whether (and to what court) to appeal? My understanding from last Term's Hason litigation is that the ultimate decision is the Governor's to make (even if, as a matter of historical practice, the California AG, like the federal SG, makes the vast majority of all such decisions). If so, is Davis recused in this instance? Would the decision then be Bustamante's to make (and if so, is he recused)? Who's next in line to make the decision?
----- Original Message ----- From: "Paul Finkelman" <[EMAIL PROTECTED]> To: <[EMAIL PROTECTED]> Sent: Monday, September 15, 2003 3:24 PM Subject: Re: Ninth circuit and the recall > Bcause people who run elections -- that group of state officials -- like > to run elections? It is their job to run elections, so it is their job > to appeal? Otherwise they implicitly conceded that their way of running > elections is deeply flawed (although perhaps they have already conceded > that in court). > > Paul Finkelman > > Sanford Levinson wrote: > > > The AP Wife story concludes as follows: > > > > State officials, who conceded in court documents that the punch-card > > voting > > mechanisms are ``more prone to voter error than are newer voting > > systems,'' > > were likely to appeal the case to the U.S. Supreme Court. > > > > > > > > Why in the world does anyone believe that "state officials" would > > necessarily want to appeal this case? > > > > -- > Paul Finkelman > Chapman Distinguished Professor of Law > University of Tulsa College of Law > 3120 East 4th Place > Tulsa, OK 74104-3189 > > 918-631-3706 (office) > 918-631-2194 (fax) > > [EMAIL PROTECTED] >
