I should have an article up tomorrow talking about the Ninth Circuit’s opinion. Suffice it to say, the court applies an overly broad reading of Bush v. Gore, and creates a nebulous standard which would seem to place ever increasing obligations on the state.
More importantly, this seems to be the Ninth Circuit’s attempt to make clear that the Florida Supreme Court was just a flash in the pan, and to reclaim their rightful title as the real extremist court. The decision brings to mind the Simpson’s episode in which the family does a modified version of Hamlet. When a character begins to act out of sorts, Lisa, playing Ophelia, proclaims: "No one out-crazies Ophelia!" So with the Ninth Circuit.