I’m not in favor of the delay, but that’s mostly because I don’t take seriously the decision in Bush v. Gore. However, if one believes in the unbearable rightness of that decision, then I don’t see how the free speech interests mentioned by Ackerman matter all that much. If a court determined that an upcoming special election was being structured in a way that admittedly infringed on minority voting rights (in more traditionally recognized ways), would the free speech rights of candidates weigh against relief? On Ackerman’s free speech theory, it would hard to imagine any circumstance where a scheduled election could be postponed on the grounds that it was constitutionally deficient. HG
-----Original Message-----
Forwarded with the Times' permission (I tried to send it directly, but there was a technical glitch).
Eugene
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Message----- This article
from NYTimes.com
Here's Bruce Ackerman's op-ed on the recall case; thought people might find it interesting. [EMAIL PROTECTED] /-------------------- advertisement -----------------------\ Explore more of Starbucks at Starbucks.com.
The Vote Must Go On September 17, 2003
NEW HAVEN The federal appeals court order delaying the recall
For starters, in 2000 the Supreme Court intervened
only This time around, the candidates in California have
already Worse yet, the decision disrupts the First Amendment
All of these concerns make the present case far more
The decision departs from Bush v. Gore in a second
way. In contrast, the present decision attacks states'
rights at While California's punch cards are obsolete, they have
There is one consolation. The panel stayed its
decision for Bruce Ackerman, professor of law and political science
at http://www.nytimes.com/2003/09/17/opinion/17ACKE.html?ex=1064808953&ei=1&en=473c940cc1aa1696
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Title: NYTimes.com Article: The Vote Must Go On
- FW: NYTimes.com Article: The Vote Must Go On Eugene Volokh
- Re: NYTimes.com Article: The Vote Must Go On Howard Gillman
- Re: NYTimes.com Article: The Vote Must Go On Sanford Levinson
- Re: NYTimes.com Article: The Vote Must Go On Sanford Levinson
- Re: NYTimes.com Article: The Vote Must Go On Gregg Miller
- Re: NYTimes.com Article: The Vote Must Go On Gregg Miller
- Re: NYTimes.com Article: The Vote Must Go On Stephen M. Griffin