Man Without Qualities

Monday, September 15, 2003

Davis Descending XLII: The Ninth Circuit Does Its Very Predictable And Improper Thing

To nobody's real surprise, the Ninth Circuit has issued a stay of the October recall. Here's the 66 pages of make-weight arguments that comprise the opinion.

The real questions:

Will a single Justice of the Supreme Court promptly stay the Ninth Circuit's order?
Will the Supreme Court issue a summary reversal?
Will the Ninth Circuit as a whole (in banc) stay or reverse the order?

It's all just vulgar Ninth Circuit hi-jinks. There's no real question that the stay is improper.

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