In defense of the 9th Cir. Ct. of Appeals [View All]

[patmacsf]

The fact of the matter is that the Ninth Circuit Court of Appeals is not "the most liberal" court in the country. In fact, it contains more Republican nominated justices than most circuits in the country. Remind the talking heads that the so called "pledge of allegiance" decision was written by a Reagan appointee.

Here's a quick synopsis of the Court's ruling that you won't hear in the 60 second white house approved response mouthed by the media:
1) The California Sec'y of State had entered into a consent decree with the Justice Department earlier this year to eliminate punch card systems in the four remaining California counties that still use them before the election next Spring (2004).
2) The Court found that punch card systems in California would statistically deprive 40,000 voters of their vote if they were used in these four counties.
3) Had the recall initiative not been certified for another six weeks, under the California Constitution, the election would have been held next Spring anyway when all punch card systems would have been replaced.
4) Under Bush v. Gore, the Court found that disenfranchising 40,000 voters under the 14th Amendment to the U.S. Constitution trumps the California State Constitution requirement for an election in 80 days.

As long as the White House sticks to the "If it was good enough to elect Davis last year ...." line of logic they might as well argue that "If the KKK kept the uppity blacks from the polls in the 1900's ..."

Don't let the Faux News talking heads mislead you about the law and the 9th Circuit Court of Appeals.