It matters little what the composition of the Ninth Circus panel is; just know that it was enough to kill the election. That is what this is all about, killing the Recall until March.
What should be done is the following: Schwarzenegger, McClintock, and Issa should file a joint emergency request for a Writ to the SCOTUS. My assumption is that the SCOTUS, having been at the center of controversy once, will decline any writs and not hear the case. In this case, I disagree with Billybob.
Assuming that happens, I would urge both Republicans to jointly withdraw from the election under protest and not participate in a fixed game. Nothing is gained by the Republican candidates granting any legitimacy to this scam. I would also recommend that the Republicans scream "fix" and "scam" at the top of thier lungs.
Be Seeing You,
Chris
The Supreme Court CAN decline to hear any case (and does so about 99.5% of the time) that is not in their "original jurisdiction" as set out in the Constitution. However, the Court CANNOT and DOES NOT refuse to act on any request for Emergency Relief. ALL such requests are acted on, one way or another.
I know. I've made several such requests to that Court. Usually they are denied, with the appropriate Justice signing his/her initials, the date, and writing "Denied." on the pleadings. When the Court GRANTS such relief, it issues a one-Justice opinion, usually reciting that "four [or more] pf my colleagues agrees with this conclusion."
John / Billybob