CNN BREAKING NEWS
California Recall Election Goes On
Aired September 23, 2003 - 11:59 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
AARON BROWN, CNN ANCHOR: We've got some breaking news to report. Bob Franken has it, so I assume it has something to do with California, but no sooner do I say that than I'll probably be proven wrong.
Bob -- what do you have at this hour?
BOB FRANKEN, CNN NATIONAL CORRESPONDENT: Well, you're right, and this is the ruling that just about everybody expected to happen.
The court has said that the election can go on. They are affirming a lower court decision that had denied an effort to stop the election. Of course, in the middle of that there was the three-judge panel that had said it should be stopped.
But now, the en banc panel of 11 judges of the 9th Circuit Court of Appeals says the election must go on, saying that the earliest court action was, in fact, the correct one.
The election will proceed now unless there is some intercession by the U.S. Supreme Court. The American Civil Liberties Union is going to have to decide if it is even worth going up to the U.S. Supreme Court to try and change things.
But this 9th Circuit Court of Appeals 11-judge panel, which heard the case only yesterday and acted with remarkable speed, as you can imagine, has said the election must go on.
So, that's the story from California. It is what everybody expected -- Aaron.
BROWN: Bob, thank you very much. Bob Franken in Washington.
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