Liberty Just in Case

A Dialogue for the September 12th World

Posted by Mark on September 17, 2003

Bottom of the Ninth

Robert Alt at National Review gives the best analysis of the decision, and why it may go to the Supreme Court.

Here’s my favorite part, right at the beginning:

In the pantheon of liberal jurisprudence, there are few courts that can hold a candle to the Florida supreme court, which, during the fateful 2000 election, acted as if it was uniquely empowered to rewrite Florida election law from the bench. There is one court, however, that will not give up its title as the most-liberal and most-reversed court in the country so easily. Such titles must be earned over time, and this court, which has worked long and hard to truly deserve this title, will not be supplanted by such a relative newcomer. I am speaking, of course, of the Ninth Circuit Court of Appeals — a court which Monday issued a temporary injunction postponing California’s recall election based on a clear misapplication of the U.S. Supreme Court’s Bush v. Gore decision.

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