California Recall is On

This is a breach of blogging etiquette, but I can't find any way to create a permanent link to the 9th Circuit Court of Appeals decision today to allow the California recall election to proceed, so I'll just make the file directly available on my blog: 0356498eb.pdf

If you want to download it yourself, go to the 9th Circuit website, click on 'Opinions', then 'Opinions by date', '2003', 'September', and the file you want is:
09/23/03 03-56498 eb F SOUTHWEST VOTER REGISTRATION V SHELLEY.

This decision specifically denied the relevance of Bush v. Gore:

In Bush v. Gore, the leading case on disputed elections, the court specifically noted: The question before the Court is not whether local entities, in the exercise of their expertise, may develop different systems for implementing election. 531 U.S. at 109. We conclude that the district court did not abuse its discretion in holding that the plaintiffs have not established a clear probability of success on the merits of their equal protection claim.