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> Franken V. Coleman, The final chapter?
Raptavio
post Jun 30 2009, 06:35 PM
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http://www.mncourts.gov/opinions/sc/curren...090697-6030.pdf

In a 5-0 ruling (MN has seven justices and two recused themselves) the Minnesota Supreme Court has affirmed the lower court rulings and declared Al Franken the winner of the Senate race.

They denied all claims by Coleman unambiguously.

So:

Should Governor Pawlenty sign the certification immediately?

Should the Coleman campaign continue to appeal to federal courts?

Did the MN Supreme Court rule properly?
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BoF
post Jun 30 2009, 06:53 PM
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According to The Washington Post, it appears the Minnesota Supreme Court ordered that Franken be certified.

The question is whether or not Governor Pawlenty is prepared to ignore a court order, thereby denying the people he "serves" their constitutional right to two senators. My guess is that he will not.

QUOTE
ST. PAUL, Minn. -- The Minnesota Supreme Court on Tuesday ordered that Democrat Al Franken be certified as the winner of the state's long-running Senate race.
The high court rejected a legal challenge from Republican Norm Coleman, whose options for regaining the Senate seat are dwindling.

http://www.washingtonpost.com/wp-dyn/conte...ml?hpid=topnews
Link may require free registration.

As an aside: This is more bad news for Republicans. Itís also bad news for Norm Coleman, who has now lost a governorís race to a wrestler and a senate race to a comedian. Quite a track record there Norm. thumbsup.gif

This post has been edited by BoF: Jun 30 2009, 06:55 PM
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Raptavio
post Jun 30 2009, 07:07 PM
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QUOTE(BoF @ Jun 30 2009, 01:53 PM) *
According to The Washington Post, it appears the Minnesota Supreme Court ordered that Franken be certified.


I linked to the decision, and it does not, sadly, expressly order Pawlenty to do so. This may be because Pawlenty was not a party to the case and so it would be improper.

QUOTE
The question is whether or not Governor Pawlenty is prepared to ignore a court order, thereby denying the people he "serves" their constitutional right to two senators. My guess is that he will not.


He has made every indication he will abide by the MNSC ruling, but I suppose it's possible Coleman could try to get a federal injunction on appeal.

QUOTE
As an aside: This is more bad news for Republicans. It’s also bad news for Norm Coleman, who has now lost a governor’s race to a wrestler and a senate race to a comedian. Quite a track record there Norm. thumbsup.gif


He's a putz. I hated him since the day I met him - when he was introduced to me at a DFL (the Democrats in Minnesota, the Democratic Farmer-Labor party) convention in St. Paul, where he was going to challenge incumbent (also Democrat) Jim Scheibel for mayor of St. Paul. (Coleman originally ran as a Democrat.) I swear the instant I shook his hand I wanted to wash it.

A pity he won the race. Scheibel for his part did not seek reelection.

EDIT: To be clear, I mean it's a pity Norm Coleman won his 1993 race for St. Paul's mayor. Not Franken. I've got a long and deep history in MN politics. Sorry. smile.gif I'm ecstatic for Franken.

edited to remove offensive term

This post has been edited by Dontreadonme: Jul 3 2009, 12:34 PM
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BoF
post Jun 30 2009, 07:34 PM
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Although Gov. Pawlenty was not named in the suit, he is the official responsible for certifying the election. Even if he is not expressly named, he is the Governor and only he can carry out the courtís decision and issue the "certificate of election."

If he refuses, I wonder if Franken can get a writ of mandamus requiring Pawlenty to perform his duty as governor.

QUOTE
For all of the foregoing reasons, we affirm the decision of the trial court that Al Franken received the highest number of votes legally cast and is entitled under Minn. 32
Stat. ß 204C.40 (2008) to receive the certificate of election as United StatesFor all of the foregoing reasons, we affirm the decision of the trial court that Al Franken received the highest number of votes legally cast and is entitled under Minn. 32

Stat. ß 204C.40 (2008) to receive the certificate of election as United States Senator from the State of Minnesota....
Affirmed.
From the last two pages of Raptavioís link.

If Coleman insists on a federal appeal, I would think the first step would be to get an injunction to stop Pawlenty from certifying the election.

I don't think the federal courts really want to get involved in this, not after Bush v. Gore.

Update

This now appears to be a moot point. Norm Coleman has conceded.

QUOTE
ST. PAUL, Minn. - Republican Norm Coleman has conceded to Democrat Al Franken in Minnesota's contested Senate race, ending a nearly eight-month recount and court fight.

Coleman conceded at a news conference in St. Paul, a few hours after a unanimous Minnesota Supreme Court ruled Tuesday the former "Saturday Night Live" comedian and liberal commentator should be certified the winner.

http://www.msnbc.msn.com/id/31667236/ns/po...s-capitol_hill/

BTW: Congratulations to you, Raptavio, and other Minnesotans. Your state can now resume the proud heritage of Hubert Horatio Humphrey, Walter Mondale, and Paul Wellstone in pursuing the publicís interests. smile.gif thumbsup.gif


This post has been edited by BoF: Jun 30 2009, 08:57 PM
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Paladin Elspeth
post Jun 30 2009, 09:00 PM
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QUOTE(BoF)
BTW: Congratulations to you, Raptavio, and other Minnesotans. Your state can now resume the proud heritage of Hubert Horatio Humphrey, Walter Mondale, and Paul Wellstone in pursuing the publicís interests. smile.gif thumbsup.gif

And how many months of the term have been used up in order to effect a win allegedly achieved in November? The wheels are really rusty, in my opinion.
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AuthorMusician
post Jun 30 2009, 09:04 PM
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QUOTE(BoF @ Jun 30 2009, 03:34 PM) *
Although Gov. Pawlenty was not named in the suit, he is the official responsible for certifying the election. Even if he is not expressly named, he is the Governor and only he can carry out the courtís decision and issue the "certificate of election."

If he refuses, I wonder if Franken can get a writ of mandamus requiring Pawlenty to perform his duty as governor.

QUOTE
For all of the foregoing reasons, we affirm the decision of the trial court that Al Franken received the highest number of votes legally cast and is entitled under Minn. 32
Stat. ß 204C.40 (2008) to receive the certificate of election as United StatesFor all of the foregoing reasons, we affirm the decision of the trial court that Al Franken received the highest number of votes legally cast and is entitled under Minn. 32

Stat. ß 204C.40 (2008) to receive the certificate of election as United States Senator from the State of Minnesota....
Affirmed.
From the last two pages of Raptavioís link.

If Coleman insists on a federal appeal, I would think the first step would be to get an injunction to stop Pawlenty from certifying the election.

I don't think the federal courts really want to get involved in this, not after Bush v. Gore.

Update

This now appears to be a moot point. Norm Coleman has conceded.

QUOTE
ST. PAUL, Minn. - Republican Norm Coleman has conceded to Democrat Al Franken in Minnesota's contested Senate race, ending a nearly eight-month recount and court fight.

Coleman conceded at a news conference in St. Paul, a few hours after a unanimous Minnesota Supreme Court ruled Tuesday the former "Saturday Night Live" comedian and liberal commentator should be certified the winner.

http://www.msnbc.msn.com/id/31667236/ns/po...s-capitol_hill/


Yay!

This probably means that Coleman will get a big fat bill for the court costs, the RNC isn't footing the bill and the point of carrying on the effort is lost.

Kudos to the MSC!
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Raptavio
post Jun 30 2009, 09:38 PM
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QUOTE(Paladin Elspeth @ Jun 30 2009, 04:00 PM) *
QUOTE(BoF)
BTW: Congratulations to you, Raptavio, and other Minnesotans. Your state can now resume the proud heritage of Hubert Horatio Humphrey, Walter Mondale, and Paul Wellstone in pursuing the publicís interests. smile.gif thumbsup.gif

And how many months of the term have been used up in order to effect a win allegedly achieved in November? The wheels are really rusty, in my opinion.


They are indeed, Paladin, but they were not assisted at all by Coleman's dilatory tactics.

In the end, however, our system cost us nearly six months of Senator-Elect Franken's six-year term, and there's much to learn from the experience. However, the right decision was made every step of the way.

The wheels of justice move slowly sometimes, but they ever stayed on the right track.
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TedN5
post Jun 30 2009, 11:47 PM
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[/font]It's about time!!!

[font="Arial"]
As finely balanced as the Senate is given the minority's willingness to fillibuster everything, this could make a real difference.

This post has been edited by TedN5: Jun 30 2009, 11:50 PM
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Dontreadonme
post Jul 3 2009, 12:38 PM
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Everyone, please be aware that slang from other countries/cultures can be just as offensive as our own. Before you interject a term, please make sure it's American definition wouldn't violate our rules here. Thank you flowers.gif
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