Dahlia Lithwick analyzes the Ninth Circuit’s panel opinion in the California Recall Election case and has some interesting observations, including this one:
the more likely explanation for the panel’s decision is that the court, which has been ridiculed, reversed, and unanimously shot down by the Supremes at rates that exceed (although not by much) any other court of appeals, just wanted this one sweet shot at revenge. This time, said the panel, it’s personal.
Reading the opinion, you can almost hear the panel saying: “Hey, let’s not just halt this recall, let’s have a little fun with the thing!”
Well, I guess the Ninth Circuit knows best how to spice up an election. Not that the recall election wasn’t already more fun than a barrel full of monkeys.