Minnesota Recount: June sounds appealing to MN Supreme Court
posted at 3:55 pm on April 24, 2009 by Ed Morrissey
Share on Facebook | printer-friendly
People around the country ask me all the time when I expect to see Minnesota seat its second Senator. My usual response is, “Hours, days, weeks, months, take your pick,” because no one knows how long it will take for appeals to move through the state and federal court systems. Fortunately, today, the Minnesota Supreme Court eliminated the first three options:
Minnesotans won’t know who will be their second U.S. Senator until at least June.
The state Supreme Court set the schedule today for the legal showdown between Democrat Al Franken and Republican Norm Coleman over the Senate seat that has been vacant since January.
The schedule, set by the five justices who will hear Coleman’s appeal, appears to hew more closely to his proposed schedule than the quicker one proposed by Franken.
Coleman must file his brief in the case no later than next Thursday; Franken has until May 11 to do so. Coleman then has until May 15 to file his reply brief.
The justices will hear the appeal on June 1, at 9 a.m.
Franken wanted the hearing expedited, but apparently didn’t get his wish. The Franken team tried to sound gracious by describing a six-week gap as “expedited,” while Team Coleman issued a statement thanking the court for the preparation time needed.
At this stage, though, it’s hard to see why the court needs this much time to hear oral arguments. While it’s hardly a life-or-death issue, Minnesota does have a disadvantage now in the US Senate. One might think that would prompt the court to move up oral arguments in order to at least finish this stop on the appeal train that will almost certainly go to the US Supreme Court, no matter which way this court rules.
A bigger issue will be potential recusals. Two appointees of Tim Pawlenty, Eric Magnuson and Barry Anderson, recused themselves from the decision on scheduling. Both were on the canvassing board that ran the recount at issue in Coleman’s appeal of the election contest board’s final decision. If both continue to recuse themselves from the case, it could make life difficult for Coleman in the appeal.
At this point, it seems more likely that Franken will prevail in the state courts anyway, although anything could happen. Coleman’s arguments on equal protection seem more suited to a federal appeal. We won’t find out for at least a couple of months.
You must be logged in to post a comment.
Blowback
Note from Hot Air management: This section is for comments from Hot Air's community of registered readers. Please don't assume that Hot Air management agrees with or otherwise endorses any particular comment just because we let it stand. A reminder: Anyone who fails to comply with our terms of use may lose their posting privilege.
Trackbacks/Pings
Trackback URL
Comments
Comment pages:
They’ve invoked the nuclear option on the budget, which affects all votes for the upcoming year (including healthcare, cap and trade, etal), so Coleman’s vote – as predicted – is irrelevant.
lorien1973 on April 24, 2009 at 3:56 PM
Go Coleman go!
See how much more of people’s time you can waste.
You’re gonna set a new record!
Dave Rywall on April 24, 2009 at 3:58 PM
*Cue banging head on desk* Wake me when this nightmare is over.
amerpundit on April 24, 2009 at 3:58 PM
Figure they can delay this to just pass the summer session for the senate… maybe the winter session and that should suffice.
Franken will probably get it, but the Senate at that point will be in lockdown for the mid-term elections.
Skywise on April 24, 2009 at 3:59 PM
Coleman is done for the GOP shouldnt waste money on him
however there is a 2nd chance here
William Amos on April 24, 2009 at 4:00 PM
In other crappy news, it looks like Tedisco is toast.
BadgerHawk on April 24, 2009 at 4:00 PM
Tedisco just conceded, the AP reports.
amerpundit on April 24, 2009 at 4:01 PM
2nd nail in Michael Steele’s grave at the RNC
William Amos on April 24, 2009 at 4:03 PM
It is not Your Time, Your Money or Your Business. But I would be happy to explain it to you on a personal basis if You held American Citizenship. Now, Our President most likely does not either but that is none of Your business either. Punk
old trooper2 on April 24, 2009 at 4:03 PM
Whatever they can do to keep the Angry Clown out of the Senate longer is fine by me.
Dr.Cwac.Cwac on April 24, 2009 at 4:04 PM
The GOP doesn’t seem all that interested in putting up a substantial fight against the ‘rats anyway, so Tedisco and Coleman probably wouldn’t be missed.
The nation gets steamrollered by the left and when the collapse comes, the pols will stand around and point fingers while the American people suffer the consequences.
Bishop on April 24, 2009 at 4:06 PM
Yep. Friendly reminder.
Dr.Cwac.Cwac on April 24, 2009 at 4:08 PM
That seems to be the inevitable result here.
lorien1973 on April 24, 2009 at 4:08 PM
Yup. The GOP in general is just pathetic. An unprecedented quantify of ammo to use and they keep firing off blanks.
BadgerHawk on April 24, 2009 at 4:09 PM
They’re only delaying the time for oral arguments because they’re afraid of Norm Coleman.
Proud Rino on April 24, 2009 at 4:09 PM
Minnesota deserves to be at a disadvantage if they can not administer an election any better than they did.
Skandia Recluse on April 24, 2009 at 4:12 PM
Getting the election right isn’t a waste of anybody’s time. You could equally go out after Franken for wasting all that time cherry-picking votes to include in the recounts. But you really don’t care about wasting people’s time- your posts say all that needs to be said about that.
You just want everybody to shut up and allow the socialist to join the filthy liar’s agenda. That may be the way Canada works but not the US.
highhopes on April 24, 2009 at 4:22 PM
Minnesota deserves to be at a disadvantage if they can not administer an election any better than they did.
Skandia Recluse on April 24, 2009 at 4:12 PM
You should see the potential lineup of liberals preparing to run for governor here, it’s quite the set of oddballs including none other than former Senator Mark Dayton, the guy who vacated D.C. after 911 because he thought Al Queda was after him.
Bishop on April 24, 2009 at 4:22 PM
What advantage would Franken’s presence in the Senate provide Minnesota, Ed? I sure can’t think of any.
And besides, Senator Pooldrain has it all under control. She had time to go on a junket to Vietnam with John McCain and Lindsey Graham recently, so things must be humming back in D.C.
Mr. D on April 24, 2009 at 4:23 PM
No kidding, Bishop. Between Dayton, John Marty, Matt Entenza and some of the others, you’d see a better looking lineup in the Cantina scene in Star Wars.
Mr. D on April 24, 2009 at 4:25 PM
I see this as a win for Minnesotans. They only have to take 1% of the blame for what goes on in the current Senate, not 2%.
michaelo on April 24, 2009 at 4:30 PM
That entitles MN to take advantage of the fithly liar’s blame stimulus package for states that have acted responsibly or otherwise have been less than enthusiastic about all the crap that is going on in DC.
highhopes on April 24, 2009 at 4:35 PM
however there is a 2nd chance here
. William Russell, Republican, Pennsylvania’s 12th District ($403,000). Russell is challenging veteran Democratic Rep. John P. Murtha in a rematch of a 2008 campaign that Murtha won by 16 percentage points. Russell raises a lot of money in part because Murtha has become a Democrat who Republican activists love to hate, because of his past strong condemnations of President Bush’s handling of the Iraq War and because of his formidable success, as a senior member of the House Appropriations Committee, at steering “earmarked” federal funds to his home district. But Russell also raises a lot of money via expensive direct mail solicitations. His campaign treasury’s resulting high “burn rate” left Russell with little cash-on-hand ($57,000) as April began.
William Amos on April 24, 2009 at 4:00 PM
Yea but Murther has “O” Dumbos trillions behind him. Opps I meant your tax trillions
Rick007 on April 24, 2009 at 4:44 PM
Murtha can be beat. Russell got some really bad advice on how to spend his money and Murtha pullled out all the stops.
HOWEVER this time Pelosi and others are less likely to bail him out. The MSM is hammering Murtha on spending and I HOPE Russell stops relying on GOP groups like BMW which are a complete waste of money.
I can help Russell win (even talked to his campaign about i but he was getting bad advice then and rejected hiring me.)
If Michelle Malkin highlights him again I hope to try and talk to Russell again.
Dont think I will ever get the RNC to hook up with me.
William Amos on April 24, 2009 at 4:50 PM
Murtha’s Chief of Staff has threatened to have Russell returned to active duty as soon as the seat a new Sec. of the Army.
Wade on April 24, 2009 at 4:56 PM
This time may allow for franken to do a little catch up on taxes before
leavingtownAccepting defeat.
seven on April 24, 2009 at 5:07 PM
What we really need is for 99 other Senate seats to go on contested for a never-ending period. That’s the best thing our elected officials could do for us.
Kelligan on April 24, 2009 at 5:30 PM
Not so sure about that. If Obama governed with the House alone, where would the opposition make its stand?
Then again, he couldn’t fill the rest of his Cabinet or make treaties with Castro, Chavez, or Ahmadinejad, because Senate ratification is needed.
Steve Z on April 24, 2009 at 5:49 PM
You all could have had an election between just those two by now and know who the senator is. Sometimes it’s easiest to do the simplest thing.
GarandFan on April 24, 2009 at 6:25 PM
Look,, every day he keeps this going is one less day the clown is not in the Senate.
JellyToast on April 24, 2009 at 6:41 PM
This could have ended months ago if Franken had just taken Norm Coleman’s advise and conceded on election night.
YYZ on April 24, 2009 at 7:15 PM
memo to self…..goopers sure take losing hard. Try some new ideas besides “democrats are evil”.
athensboy on April 24, 2009 at 7:22 PM
ok canada this is my last offer you take minn. and we will give you twenty dollars and the mets
wade underhile on April 25, 2009 at 7:43 PM
ok canada 30. bucks the mets and brad pitt.
wade underhile on April 26, 2009 at 10:12 AM
Comment pages: