View From a Height
Commentary from the Mile High City
Monday, September 15, 2003

California Election Postponed

A Federal Court has delayed the California Recall Election because some counties will be using punchcards. The ACLU had argued that since there was an existing agreement to get rid of punchcards by the March primaries, they shouldn't be used now, in an unexpected, but perfectly legal, recall election. Does this mean that if the Government had failed to uphold its end of the agreement, and the machines weren't in place by March, would the court have delayed the primaries? If the contractor were hit by a bomb, and couldn't deliver the new machines by November, would they have delayed the general election?

This is government by court. Courts understand lawyers. They evidently have a problem understanding laws. And they certainly have completely forgotten the notion of separation of powers and self-restraint. The courts don't like referenda, they don't like plebescite, they don't like initiatives, they don't like laws, so they just invalidate them and make up their own rules. We don't need legislatures. Hell, we don't even need citizens. They just get in the way of the attorneys.

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