Should California appeal decision on recall to the Supreme Court?

[kentuck]

A judge ruled the other day that the recall election could go forward. So now we are stuck with the media circus we are now witnessing. This seems unconstitutional to many Californians and many Americans, even though the CA law states specific requirements in order to have a recall election. But the manner in which it was undertaken raises a lot of questions.

For example, an incumbent Congressman spends millions of dollars of his own money to get it started. Considering the dire condition of the CA economy, it is not surprising that it was successful. However, the governor was re-elected only last November. There has not been time to determine whether or not he will do a good job this term. And the very fact that he could be recalled, in the manner which he will be recalled, is suspect in the eyes of many citizens, and should be suspect in the eyes of the law.

Just because one judge rules that the recall effort should go forth does not mean it is or should be the final word. Should the decision be appealed to a higher court? Should not there be a legal determination on the legality of such a state law? It seems unconstitutional to me.

[MaverickX]

1. what's the point...

They wouldn't override California's Constitution.

[kentuck]

2. If they could get it postponed to March or whenever primary date is...?

that would assure more Democrats going to the polls...

[NewYorkerfromMass]

3. Dec. 12, 2000 is the point

Seems to me there is a question of equal protection here.

and what the hell is up with your sig line? I mean , where was Thomas? running the camera? :evilgrin:

[primavera]

9. At least not to sptop the recall of a Dem

If a Repuke stood to benefit by their intervention, I have no doubt that the Rehnquist Court would be only too happy to lend a hand.

[stopthegop]

4. what part is unconstitutional seeming?

lot's of political units have recall provisions

[kentuck]

5. But only one Governor has ever been recalled....

So there has really been no need to challenge the state laws. What seems unconstitutional? The fact that only a few months ago a majority of voters in the state of CA voted to give the present Governor a 4-yr term and now, with special political shenanigans going on behind the scenes, with an incumbent Congressman spending millions of dollars of his own money, to overthrow a legitimate election and installing a replacement that might get 15% of the vote in an unscheduled "special" election whereby the will of the people is being invalidated....that seems unconstitutional to me.

[NewYorkerfromMass]

6. more people could vote to keep Davis (49%)

while the winner only needs to get more votes than anyone else after recall vote reaches 51%. Becuase that 51% will then be divided into smaller percentages of the total vote.

[Le Taz Hot]

7. I'm heading for another Dem. meeting on this

but, quickly, last I heard is that there are two Bay Area men who have petitioned the CA Supreme Court. As of yet, they have not agreed to take the case (may not be up on the docket yet -- I'll have to check). Anyway, IF it gets to the state S.C. on time and IF they rule in the Democrats' favor, the Republicans will, of course, take this to the U.S.S.C. and it will, most likely, be Florida all over again.

[kentuck]

8. Make them decide.

Make them make a decision where the people can see where they stand. We lose nothing but stand to gain a gret deal.

[underpants]

10. There is enough $ out there to Recall the Recall

They should start gettng signatures as soon as the polls close, whenever that is.

[NewYorkerfromMass]

11. THAT is an intersting idea.nm