September 19, 2003

Cal Insider scoop -- Ted Costa demands the bulk of Appellees' argument time in 9th Circuit Lefties v. the People due to the fact the Sec. of State Kevin Shelley has abandoned every substantive legal and factual argument against the decision, and will argue only a very narrow procedural question. Unbelievable.

UPDATE: The story is reported in The Recorder. Costa's attorney, Charles Diamond of t O'Melveny & Myers, contends that Sec. of State Shelley has been "relegating to asides or ignoring altogether the important constitutional and public policy issues the appeal raises."

UPDATE II: In How Appealing's judgment, "Costa has presented persuasive reasons why his lawyers should have time to address the en banc court."

UPDATE III: "It's raw politics" said [Chapman law professor] John Eastman .. "I would say it's a less-than-vigorous defense." -- Eastman on Sec. of State Shelley and his failure to defend the use of punchcards, quoted in The Recorder article.

UPDATE IV: Xrlq have more thought on Shelley and the 9th circuit.

Posted by Greg Ransom | TrackBack