The law wins
A unanimous, 11-member panel of the 9th U.S. Circuit Court of Appeals has stopped dead in its tracks what a liberaled-up three-judge panel of the same circuit attempted to foist on the people of California — government by judiciary.
The former Tuesday rejected the latter’s contention that the use of “outdated” punch-card ballots in six California counties, home to 44 percent of the state’s voters, potentially could disenfranchise some 40,000 voters, or 0.27 percent of all registered California voters, in the Oct. 7 gubernatorial recall election.
But the panel called the assertion — first proffered by the American Civil Liberties Union, rejected by a U.S. District Court, but eagerly gobbled up by the appellate trio — only a “speculative possibility.” Added the judges, “If the recall … is enjoined, it is certain that the state of California and its citizens will suffer material hardship … .” Hundreds of absentee voters already have cast their ballots; no court ever has stopped an election already begun.
That is, the specter of actual damage trumped possible damage.
Sans an emergency, successful appeal to the U.S. Supreme Court, which is not expected, the recall election will be held. As originally scheduled. As per the California Constitution. As originally demanded by the people of California. As per their state charter.