Good for the 9th Circuit
I have to say I'm very much in favor of the en banc ruling reinstating the California recall. I think that, absent gross violations of statutory law or Constitutional rights, courts should not be in the business of overturning recent results or postponing fast approaching elections. I wouldn't say the courts have no role in overseeing elections, of course, but their role is best oriented to ensuring long term compliance with statutory and constituonal requirements. It is also best directed to situations where the political process has become incapable of solving the problem (e.g. malapportionment). I like the 11-0 unanimous vote, avoiding the unnecessary rancor that Judge Pregerson engaged in and probably hoped to see in a dissent or two. Right or wrong, Bush v. Gore is an unfortunate and divisive case in our judicial canon and should be put aside as far as possible.


