Recall Redux
On Monday, 11 judges on the Ninth Circuit Court of Appeals will rehear the California recall decision issued by three of its judges earlier this week. None of those three judges will be on the panel.
Undoubtedly, the loser will petition the Supreme Court for review. Shades of Bush v. Gore all over the place. If the Supremes refuse to hear the case or rule differently this time around, it will only add to the firestorm of criticism that the Bush v. Gore decision was decided on politics, not law. Should such an unwarranted decision result, we think the message will be clear: Our judges should be free of ideologies that affect their judicial decisions. We hope that translates into rejections for many of Bush's judicial picks around the country.
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