Cragg Hines has a fine bit of comment on the California recall, which has now been delayed by the 9th Circuit Court, citing the Supreme Court's one-time-only-non-precedent Bush-Gore precedent extensively.

At a dozen or so points in their 66-page opinion, the 9th U.S. Circuit Court of Appeals judges were careful to quote Bush v. Gore. And as they concluded, the judges said: "The Supreme Court's admonition in Bush bear re-quoting: "The press of time does not diminish the constitutional concern. A desire for speed is not a general excuse for ignoring equal protection guarantees."

For whom were the three judges (all Democratic appointees) "re-quoting"? One would guess they were recalling the language for five Supreme Court justices who espoused the strong interventionist view less than three years ago. Was it something of a judicial dare? Sure, given that the often liberal 9th Circuit is so often reversed by the Supremes.

Ho ho ho. The law of unintended consequence is very funny.