The Note

The Los Angeles Times' Elizabeth Shogren raises the curtain on Governor Leavitt's confirmation hearing. LINK

"The Democrats on the Senate Environment and Public Works Committee and their leader, independent James M. Jeffords of Vermont, plan to use Leavitt's confirmation hearing to draw attention to the Bush administration's easing of regulations to enable power plants to avoid cleaning up, to permit coal companies to keep practicing mountaintop-removal mining, and to allow the Defense Department to sell PCB-polluted sites without first cleaning them."

"'He will have to explain to the committee and the American public why this administration is determined to weaken our environmental laws,' Jeffords said."

California recall:

Conventional wisdom, schmonventional schmisdom. Dean David Broder explains why all you thought to be true about the recall may not be. LINK

The San Jose Mercury News reports on last minute voter registration. LINK

"Registrars around the Bay Area reported a stream of people scrambling to meet Monday's deadline to register in time for the Oct. 7 recall, assuming the election isn't delayed."

California recall, the courts:

The Los Angeles Times' tea leaf reading doesn't bode well for the plaintiffs. LINK

"Federal appeals court judges sharply challenged attorneys seeking to postpone the Oct. 7 recall election, posing questions that were notably unsympathetic in number and tone during an hour-long, nationally televised hearing Monday."

"Legal scholars and lawyers close to both sides of the case said after the hearing that the judges appeared to lean toward the argument, made by lawyers for Secretary of State Kevin Shelley, that postponing the election would be unfair to voters."

The Boston Globe 's Lyle Denniston reports that Harvard Law Professor Laurence Tribe faced some tough questions when he went out to play in the recall. LINK

USA Today 's Martin Kasindorf is anxious to hear the court's expected decision today. LINK

The New York Times ' Liptak Notes the questions the 9th Circuit judges "posed to the civil rights groups that seek to delay the election were more concrete and direct, suggesting that at least the more conservative judges on the 11-judge panel are inclined to let the election take place next month." LINK

Don't come crying to us when you have a Florida redux, the New York Times tells the 9th Circuit as it urges the court to delay the vote 'til March. LINK

"Bush v. Gore held that Florida's recount procedures violated equal protection because they did not 'satisfy the minimum requirement for nonarbitrary treatment of voters.' If that was true of Florida rules that treat different counties unequally, it should be true of voting machines in California that do the same thing."

California recall, the GOP:

John Wildermuth's ears perked up when he heard Darrell Issa urging fellow Republicans to vote no on the recall. LINK

"The GOP congressman whose money put the recall on the ballot urged Republicans Monday to keep Democratic Gov. Gray Davis in office if neither Arnold Schwarzenegger nor Tom McClintock pulls out of the race by election day."

"'If two major Republicans remain on the ballot, I'd advise you to vote 'no' on the recall,' said Rep. Darrell Issa, R-Vista (San Diego County), who spent more than $1.6 million of his own money to help gather signatures to recall Davis."

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