Maybe I am being a luddite, but I don't quite see how the remedy of
postponing the election follows from the conclusion that there is a likely
equal protection violation in using punch card ballots. Why not simply
enjoin the use of punch card ballots, leaving it to the state to figure out
whether to obtain more modern equipment in a hurry or do it the old
fashioned way, with paper ballots? While counting paper ballots may take a
while, it won't take until March. Or are paper ballots now
unconstitutional? Or just unthinkably old-fashioned?
I understand that state officials may prefer to wait until the March
primary rather than use paper ballots, but should the administrative
preferences of government officials be the basis for postponing an election
-- particularly a recall election?
Whether or not the state defendants seek further review, Ted Costa is a
party to the case. Is there any reason to doubt that he can and will seek
further review? And shouldn't his (or their) next step be an application
to Justice O'Connor (as circuit justice for the 9th circuit) to extend the
7 day stay granted by the court of appeals into a stay pending a petition
for rehearing in banc or pending a petition for certiorari or both?
Ed Hartnett
Seton Hall
Don Crowley
<[EMAIL PROTECTED] To: [EMAIL PROTECTED]
> cc:
Sent by: Discussion Subject: Re: Ninth circuit and the
recall
list for con law
professors
<[EMAIL PROTECTED]
v.ucla.edu>
09/15/03 02:43 PM
Please respond to
Discussion list for
con law professors
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 -----
From: Howard Gillman
To: [EMAIL PROTECTED]
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
