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Path remains strewn with federal suits August 08, 2003 Page 2 Ragone, communications director for Davis' anti-recall campaign, expressed disappointment that the state court didn't resolve the question. "We hope that voters will be able to overcome these impediments on their own," he said. But Vikram Amar, a constitutional authority at Hastings College of the Law, said either the U.S. Supreme Court or the federal district court in Los Angeles could take on the issue. The ACLU's suit might stand the better chance because federal district courts can more easily process "fact-intensive" claims than can the Supreme Court, he said.
On the other hand, Amar said, the Supreme Court's decision to halt the recount of punch-card votes in Florida during the last presidential election could be a factor. The high court might step into the California case to neutralize "criticism that Bush v. Gore (the Florida case that secured the 2000 victory of President Bush) was a partisan decision," he said.
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