Courting Disaster in California

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Just when it seemed the California recall election couldn’t get any loopier, it did. This week, a federal appeals court touched off a political firestorm by ruling to delay the election until next March. They based this decision on the fact that some of the state’s counties still rely on punch card ballots that are now famous for producing all manner of chads. Hmm….sound familiar?

In 2000, the Supreme Court used that same principle, the idea that different voting systems create an unequal playing field for voters, to hand the election to George W. Bush. This time around, Democrats are the one’s swinging the equal protection club, while its the Republicans saying that the courts should get out of the way, and leave elections to the voters.

Guests:

Heather Gerken, Assistant Professor of Law, Harvard Law School

Jonathan Turley, Professor at George Washington University School of Law

Claire Cooper, staff writer for the Sacramento Bee