John Eastman says, "This reeks of raw partisan politics.  No court should
participate in it."  One way of looking at this is that the Ninth Circuit
has opened the possibility of the Supreme Court to clarify Bush v. Gore.
After all, the dimensions of a decision are not clear till later cases set
its parameters. So, the Supreme Court has to decide whether to act in a way
that confirms the impression that it was acting as a court in Bush v. Gore
or add fuel to the fire that it acted as some sort of Council of Guardians.

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