Dahlia Lithwick has a great review of the 9th Circuit legal arguments over the California recall yesterday. Money quote:
In the 30 seconds given to him for rebuttal, Rosenbaum offers a heroic attempt to consolidate the thousand firing synapses in his brain into three cogent points about election law. He gets as far as point three before the technology seems to backfire: "This is the strongest case," he points out, "that has ever been in this circus."Good one.
"Um, circuit." He tries to correct himself, but the bench is in stitches, and one of the justices laughingly suggests that he "quit while you're ahead." "Guess who's the biggest clown," Rosenbaum laughs back, packing his papers back into his briefcase. That issue isn't exactly before the 9th Circuit either, but they'll probably decide it this week.
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