perfidy

"Sold me out, and that's a fact! Uh! Now get ready you mother, for the big payback."
-James Brown, 1974

Writing in Slate, Dahlia Lithwick makes me feel brilliant. I haven't blogged on the California recall for a myriad of reasons: it bores me; it's too partisan, which bores me; California bores me; I would rather give anal suppositories to a cat.

But when the 9th Circuit court halted the recall, citing Bush v. Gore left, right, center, and ten inches deep, I thought to myself.... "ahhh, revenge is a sweet-ass thing!" Dahlia agrees.

There's really only one way to read the panel's decision from Monday. It's a sauce-for-the-gander exercise in payback. Pure and simple. The panel not only refused to accept the Supremes' admonition that the nation would not be fooled again; it refused even to address it. Applying Bush v. Gore again and again in the unanimous opinion, the judges told the high court that it has no power to declare a case a one-ride ticket and defied the court to step in again to tell them otherwise. (The court isn't likely to step in, as many have now noted, because they cannot win if they do. By getting involved, they risk either looking corrupt and partisan if they reverse the decision or permitting the courts to legislate things like the distances between polling places and the pant-length for elections workers for all eternity.)

. . . .

Reading the opinion, it's hard to escape the fact that the court seems to take pleasure in applying the broad and indefensible legal principle laid out in Bush v. Gore even more broadly and indefensibly. This wasn't just a liberal panel trying to prop up an embattled Democrat. The 9th Circuit isn't necessarily political, even where it's ideological. No, the more likely explanation for the panel's decision is that the court, which has been ridiculed, reversed, and unanimously shot down by the Supremes at rates that exceed (although not by much) any other court of appeals, just wanted this one sweet shot at revenge. This time, said the panel, it's personal.

Reading the opinion, you can almost hear the panel saying: "Hey, let's not just halt this recall, let's have a little fun with the thing!" The opinion includes a fond historical nod to voting with fava beans and the wry observation that punch cards are "intractably afflicted with technologic dyscalculia." It's tough to count the number of times the judges gleefully point out that the secretary of state is barred from defending the punch-card machines because he is already subject to a consent decree holding that they suck.

Please see Buckethead's recent posts, Ross's as well, and weep (or laugh).

I am so smart.