Robert Alt has produced the must read article on the Ninth Circuit’s opinion on the California recall election. It makes clear many things, including the difference between the grounds of this decision and the Supremes in Bush v. Gore, which the Ninth Circuit claims to be in line with. All this is truly extraordinary and amazing and Alt understands the details, as well as the consequences should the Supremes not take it up. Please read. 
Alt makes a very good case as to why SCOTUS needs to revisit Bush v. Gore in light of "Bottom of the 9th." I find it interesting how the left was able to distract the Florida court’s bungling of the 2000 election, and really browbeat O’Conner et al into such an intimidated position they seem to face today. I am reminded of the infamous "switch in time saves nine" Court of 1937, who reversed precedent on FDR’s New Deal, in light of election returns and FDR’s scheme to "pack the court" to suit his purposes.
The big difference here, as with such cases as Texas v. Lawrence, is that The People are getting the shaft while a small number of liberal elites are getting their way via judges on the 9th and intimidating weak SCOTUS justices.
I have several students who look at me with blank stares when I tell them that the court system is hijacking their constitutional rights to an elite liberal minority. What they see as victory for the "underclass", the "unprotected" and "defenseless", I see as the next item in a series of blows to my freedom of choice over my ability to cast a vote to elect representatives who reflect my ideals. Excuse me? Since when did I elect a Supreme Court justice to legislate my life?
Okay, so maybe I’m just a bit irked at the moment. I’m irked by the entire process. I am not a happy camper. First, the courts have the audacity to tell a private organzation, the Boy Scouts, who they can have for their leadership and membership. Pretty soon, they’ll be telling the campus History Club to include information on the alternate history to the Holocaust or it won’t represent the small minority who believe it never happened. Then, they hijack the electoral process by attempting to impose a president from on high (why, oh why, did THAT lawsuit need to be filed?). And then, my child couldn’t say the Pledge of Allegiance because some wacky guy didn’t want his daughter saying it due to some reference to God. And it was tossed because he didn’t have primary custody over his daughter, not because it was plain silly. Minority movements are out of step with the mainstream and more interested in "their" ideas than what is best for the whole - Alexander Hamilton is probably so upset. I would love to hear his take on this whole situation right now.
I’m finger-pointing and name-calling. I’m sounding like a whiny child. I’m feeling like a whiny child. We’ve let the Courts become monsters - terribly frightening entities that anyone with a minor grduge with the current, dominant culture will invoke and WE, THE PEOPLE will do ANYTHING to prevent an expensive lawsuit. "Oh, let’s settle it"..."we can’t afford a lawsuit"...only when we are finally challenged will we meet them head-on. Judicial activism on this scale is not what Jay or Marshall had in mind.
A friend of mine has lamented that being a lawyer these days is more about disaster preparedness and contingency plans if something goes wrong with the law. No law is "challenge-proof", he says. And he can’t pack up move inland or put together any kit that will prepare him for the impending disaster. He doesn’t practice law anymore. He scans potential legislation for challenges and reports them for correction. Sigh...this is what it has come to. I think I’ll go file a lawsuit against the Supreme Court on the grounds that they are violating the Constitution under the Equal Protection clause - my rights aren’t being protected.