Howard Bashman reports that Judge Pregerson, one of the three liberals who ordered that the California recall election be postponed, has predicted to the L.A. Times that the en banc court will overturn the original decision and permit the election to proceed. Pregerson apparently told a Times reporter, “You know who’s on the panel, right? Do you think it’s going to have much of a chance of surviving? I wouldn’t bet on it.” Pregerson, who is not on the en banc panel, has little doubt that a reversal of the original decision would be a major injustice: “Judge Paez, Judge Thomas and I, we did the right thing. We’re there to protect people’s rights under the equal protection clause of the Constitution, no matter who’s involved, and a lot of people don’t like it. That’s their problem, not mine.”
Bashman notes that court rules prohibit judges from commenting on the merits of pending cases. Despite his “I’m washing my hands of the whole affair” attitude, Pregerson could be called upon to decide the case again because the losing party can seek review by all non-recused judges of the Ninth Circuit.
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