At 02:37 PM 9/15/2003, you wrote:
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?
Why does Marty assume that Davis even might be recused? Presidents and
governors make self-serving appeals all the time. Especially since there
are in fact meritorious reasons to suspend the election (and, as I
suggested a moment ago, invalidate the law as lunatic).
