Abstract
Professor Lowenstein argues that the en banc 9th Circuit was correct to reinstate the Oct. 7 recall election. Blocking the election would have been an irresponsible intrusion into a states political system and an incorrect reading of Bush v. Gore. In addition, delaying the election would have created chaos for candidates and election officials, perhaps creating greater distortions in the electoral process than if the recall proceeded as required under the California Constitution.
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