The notoriously liberal Ninth Circuit Federal Appeals Court, which mugged Proposition 187 with a little help from Governor Gray Davis, has now issued an opinion [PDF] delaying the California gubernatorial recall election, claiming to fear a Florida-style chad fiasco.
Slate's Mickey Kaus points to a Recorder story that says the court was unduly influenced by the possible disparate impact on minorities of the old-style ballots:
[Judge Harry] Pregerson then playfully pointed out that education [in how to avoid punch card errors] might not work on tired workers, or workers harried by trying to find their polling place. Then he said those problems might be more of a concern to minority candidates who may have more reason to be tired at the end of the day than whites. [!! VDARE.COM emphasis]
"In L.A., if you look around, see who's working and who isn't," Pregerson said, drawing laughter from the near-capacity courtroom.The court's concern for minority disenfranchisement is especially ironic because, of course, whites are the minority in California.
The Ninth Circuit Court decision also contains this gem:
[T]his is a critical time in our nation's history when we are attempting to persuade the people of other nations of the value of free and open elections. Thus, we are especially mindful of the need to demonstrate our commitment to elections held fairly, free of chaos, with each citizen assured that his or her vote will be counted, and with each vote entitled to equal weight. A short postponement of the election will accomplish those aims and reinforce our national commitment to democracy.Puzzled about a "commitment to elections" that somehow entails canceling their results and preventing them being held?
Relax. It's all about the War On Terror.
So that's OK, then.