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Minnesota Paper: Coleman Has Right To Appeal -- As Quickly As Possible
The Minneapolis Star-Tribune, which endorsed Norm Coleman for re-election in 2008, has a new editorial that goes right down the middle on Coleman's intention to appeal his loss in the election trial. On the one hand, they say he raises serious issues that deserve a fair hearing at the state Supreme Court -- but on the other hand, it better be done quickly:
The gravity of his charge, and the need for this election contest to end with a result that Minnesotans widely accept as credible, make a Minnesota Supreme Court review of the district court panel's decision worthwhile.
We add this caveat: That review should be conducted with as much expedition as appellate jurists can muster. Coleman has a right to appeal, and the absentee voters whose ballots he seeks to add to the count have a right to serious consideration under the law.
But those rights stand in increasingly evident tension with Minnesota's constitutional right to dual representation in the U.S. Senate.
It does look like everyone's patience is running thin, insofar as it's still there at all.
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Time to turn up the heat on the Strib as well. I've already written them insisting they openly rescind their endorsement of Quimby. I'd urge more LTE's on that - sooner or later one or two will make it through.
And the Pioneer Press as well, of course.
April 15, 2009 11:02 AM | Reply | Permalink
Just guessing, but to be consistent with the obvious goal of Coleman's RNC masters, he will wait until the eleventh hour of the tenth night to file for an appeal. Anything else might be considered expedient, and lord knows they don't want that.
April 15, 2009 12:22 PM | Reply | Permalink
The newspaper gets it wrong in suggesting that the timetable in the court's hands. To get the appeal started, Coleman has to file a notice of appeal -- not the appeal brief spelling out his argument on appeal, but a one page document that says "I want to appeal, and the clerk should issue a briefing schedule." Apparently Coleman doesn't even intend to file that until next week. That is delay for delay's sake.
April 15, 2009 1:25 PM | Reply | Permalink
Of course the delay is for delay's sake. The good news is that it's also a sign that even Coleman doesn't believe he has a snowflake's chance in midsummer minneapolis. If he did think he had a chance to win, even by gift from Scalia and Friends, he would be expediting so that he could have his seat back sooner.
April 15, 2009 3:14 PM | Reply | Permalink
I love how the Strib puts the onus of speediness on the Minnesota Supreme Court. I'm sure if the decision doesn't give "serious" enough consideration in light of the "gravity" of Coleman's charge, that leaves plenty of room to dismiss the decision as "slapdash," and a justification for appeal to SCOTUS.
They don't even articulate what, if anything, was wrong with the analysis performed by the ECC. Just that it must be reviewed because Coleman's attorneys mentioned the constitution, and that's very serious! Pretty thin reed upon which to justify an appeal.
April 15, 2009 11:28 PM | Reply | Permalink