Tuesday, September 23, 2003
As I had hoped, the Ninth Circuit en banc has affirmed the original district court ruling regarding the California recall election. This was a wise ruling as the district court had written a very detailed memorandum supporting its order denying the request for injunction. The core of the district court opinion seemed to me to be the claim was precluded by the previous action's consent order settlement. The en banc opinion seems to weigh more heavily in a failure of the plaintiffs to demonstrate a likelihood of prevailing on the merits. It is interesting that the result was evidently unanimous ( according to Howard Bashman's fine and timely blogging on this result ). This is a stinging rebuke to the three judges on the original Ninth Circuit panel.
The result is that the recall election is back on track.
ADDED: You may enjoy The Man Without Qualities' discussion of his impressions of oral argument.
Robin 10:46 AM