The Sacramento Bee offers this report, which begins: “In a brief decision issued Thursday, the 9th U.S. Circuit Court of Appeals turned down an argument that only Lt. Gov. Cruz Bustamante can succeed Gov. Gray Davis if the governor is recalled.” The article notes that the same three-judge panel that decided the earlier punch card suit decided this suit. (Note that this panel is one of two panels set up by the court to hear emergency motions during the month of September.)
I know nothing about who brought this litigation, and I have not seen this opinion. If anyone has information on this case, please let me know.