Reply #14: There will be lawsuits

[dkamin]

if Davis loses and Arnold wins.

the primary legal block to these lawsuits before, from my understanding, was that there had been no actual harm and only prospective harm.

if there is actual harm, the Dems have a pretty good legal argument for unconstitutionality. well, they would if the courts weren't stacked with idiot partisans with no sense of justice.

the specific argument Davis advanced earlier, which he would almost certainly advance again, is that this is a violation of equal protection. Under the Supreme Court's cases, reaffirmed and extended in Bush v. Gore, all votes should count equally. Thus, the argument Davis would make, which I think is a good one, is that a yes vote on Davis counted less than a yes vote for Arnold, and therefore the recall law (which has never been challenged) is unconstitutional.

also, the Dems will immediately launch a recall initiative if Arnold or Tom wins. regardless of what the outcome is, you will see lawsuits (if the Dems win, there will of course be challenges to the vote accuracy, demands for recounts, etc. all the dirty tricks the GOP has in its arsenal).

i think Davis will beat the recall. incidentally, bodog.com has Davis at +200 right now (bet 100, win 200) to beat the recall, and bustamante at 5-2. i think both are great futures bets.