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In restoring the Oct. 7 vote on California's gubernatorial recall, the 9th Circuit's 11-judge panel mentioned Bush v. Gore only once, and did not come close to interpreting what it meant. The court focused on the practical matters of the election process and the state's outlay of millions of dollars in preparations. "In short," the court wrote, "the status quo that existed at the time the election was set cannot be restored because this election has already begun."
September 24, 2003 at 12:00 AM
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