I'm going to go out on a limb with a prediction. The 9th Circuit en banc court will allow the election to go forward, but with a short delay of a few weeks, and order more polling places to be opened. They will finesse the Bush v Gore part of the panel decision, toss the ACLU part of the suit out on res judicata (as did the district court), and grant MALDEF this small relief on their disenfranchisement claims.
Posted by Kevin Murphy at September 22, 2003 08:09 AMI'm not sure they can get that detailed. Depends on what the order below looks like, I think.
Posted by: Justene at September 22, 2003 08:38 AMVery bold of you... That would require them throwing out the California Constitution.
Posted by: boifromtroy at September 22, 2003 09:37 AMNot that the 9th Circus was ever shy about that...
Posted by: McGehee at September 22, 2003 09:54 AMI didn't way I *wanted* this, just that this is the kind of compromise I expect. Just like the Supreme Court, they'd prefer 11-0 rather than 6-5 on a loaded case like this one. Also would let the court save some face.