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Minnesota Supremes Set Schedule For Coleman's Appeal -- Giving Him More Time

The Minnesota Supreme Court has just issued its order establishing a schedule for Norm Coleman's appeal of the Senate election result -- and even though this schedule has been expedited by the standards of normal civil litigation, it's going to be a while by political standards.

The court adopted the proposed briefing timeline from the Coleman campaign, allowing them more time to formulate their arguments: Coleman's brief is to be submitted by next Thursday, April 30; Team Franken will submit its brief by May 11, and a reply brief from Coleman is to be submitted by May 15.

On top of that, oral arguments have been scheduled for June 1 -- a month and a week from today.

Team Franken had called for a much quicker schedule, on the grounds that greater speed was needed in order to seat a second U.S. Senator from Minnesota, and that Coleman had already had plenty of time to come up with his arguments. But the court didn't go for it.

Indeed, by any normal measure this timeline is itself a quick one for a state Supreme Court to be taking an appeal. But for the political world, this is not a normal case.

Late Update: Lead Franken attorney Marc Elias gives us this comment: "We are grateful that the court has issued an expedited scheduling order, and we look forward to the process continuing to move forward so that Sen.-elect Franken can be seated as quickly as possible."

Late Late Update: Coleman legal spokesman Ben Ginsberg released this statement: "We're pleased with the timetable the court has granted to prepare for this historic and consequential case to enfranchise thousands of Minnesota citizens who still wait for their voices to be heard, and their votes to be counted."


71 Comments

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When Franken gets seated - does he get to collect back pay from January?

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Okay, anyone here who's ever actually written an appellate brief think this schedule is, in any sense, pokey? Three weeks to write the briefs? Two weeks for the judges and their clerks to go through what will certaily be a hellaciously huge record on appeal?

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I doesn't take long to write:

"I am using every trick in the book to deny the Democrats a seat in the US Senate.".

Norm could use Twitter for his appeal for all the difference it makes.

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I agree. This is a very aggressive schedule, especially considering the size of the record.

My main question is whether the MNSCT will issue it's decision after argument with the opinion to follow. The Court will almost certainly know the outcome shortly after oral argument (to be honest, they'll probably know BEFORE argument), but drafting an opinion on a case of this significance will take time. I think the best solution is for the Court to announce its decision in an order shortly after argument then later issue a thoroughly prepared opinion explaining the decision.

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I think the scheduling is fine. Coleman is represented by Dorsey & Whitney, a firm of more than 300 lawyers. I think they can handle it.

My last appellate brief was cranked out solo in three or four days. Granted, it didn't have this kind of record, but a team of lawyers could put this together in a few days, I bet.

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Given the fact that Coleman was reviewing a draft of the brief when the Contest panel's decision was published and that most of the supposed basis of the appeal is the famous 'Friday the thirteenth' ruling that Ginsburg mentions multiple times in every press briefing, it seems a more than reasonable time frame for a large law firm and the RNC. 'Friday the thirteenth' was after all in February.

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And I'm sure they are thoroughly familiar with the record by this time.

Or at least they should be. I wouldn't put any incompetence out of the question when it comes to the Coleman legal beagles.

On the other hand, when you have no good argument and have to make bad ones up from thin air, you often sound incompetent.

(I erroneously posted this reply as a new comment, too. So please ignore it if you read it again.)

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I think it's a somewhat expedited appeal schedule. Seriously. Usually, i believe, the parties are given ten days to file a notice of appeal and then thirty days on top of that to file their brief. The respondent then gets thirty days to respond and the petitioner gets another 15 to respond to the respondent's brief.

That is my memory. I could be very wrong, so don't rely on this for your legal advice.

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Start with the assumption that 1.) I can't wait for Franken to be seated and 2.) the one time I thought about voting for a Republican, it was the toughest 9 seconds of my life.

That said, I've actually written several Appellate Briefs - this schedule isn't actually all pretty ahort. Drafting a cogent appellate brief for an regular old run of the mill civil case ordinarily takes me something like a week or two - and I don't mean a week or two around my normal schedule - its a week or two with no one bothering me, someone else taking my calls and making my court appearances. Ordinarily, a briefing schedule is 30 to 45 days and frequently longer in complicated cases.

This is a very complicated case in light of the many many days of testimony, the voluminous documents in evidence, the number of witnesses etc. Thus in this instance - the schedule is actualy pretty fast, even in light of the fact each party has a team of really high level legal talent and can put in almost an unlimited number of hours on drafting the brief. The more people involved however the harder it can be to keep the arguments consistent, same language etc. Ultimately one or two members of the team will be responsible for making sure the brief is consistent throughout, cogent etc.

In the end, no matter how much I want Al Franken to be Senator Franken - I don't think the briefing schedule is all that out of whack with reality and is, probably, much faster that would ordinarily happen on such a complex matter.

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Franken has until May 11 to submit their brief and then Coleman has 4 days to reply. If Franken submits his brief sooner than May 11, say May 4, does that move Coleman's next date up or does it just give Coleman an extra week to formulate his response?

I can't imagine that these briefs aren't pretty much ready to go today-it's not like they haven't been working on them for weeks already. The only party that really needs extra time is the court because they're the ones who need to read and mentally process all this paperwork.

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If Franken submits his brief early, that doesn't change the timing for Coleman's brief, it only gives Coleman more time to respond

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Richard is correct; the order uses dates certain so Franken can't shorten the time by submitting his brief early. My guess is that the Court wanted a date certain for the oral argument, which means that shortening the time for Coleman's reply wouldn't have expedited the overall appeal anyway.

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So Franken should wait until the last day to file.

I'd say the last minute, but that can screw you up if traffic is thick or there's a long line in the clerk's office because someone called in sick, or whatever. (From personal experience.)

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I'm not sure what Franken ought to do. He might want to file his brief early anyway just for PR value. At this point, it seems to me that PR is at least as important, if not more important, than legal merit.

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Minnesota's judges are in the tank for Coleman/Republicans. They know they can't rule in his favor, so they stretch it out as long as possible. It's utterly ridiculous that they're delaying things a friggin month, talking June 1st, so Minnesota has been without a senator for half the damn year.

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Minnesota's judges have already shown that they are "in the tank" for limiting any legitimate basis for repeal. And while this is an appeal to the MnSC, the SCOTUS specter is always right there on the margin of one's field of vision.

There wasn't that much difference between the schedules proposed by the two camps. Giving Coleman exactly what he asks for gives him one less thing to whine about to Scalia et al.

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My thoughts exactly! Give Coleman all the time he needs to prepare his briefs and rebuttals, and take their time to consider the merits of his arguments. That way, once they rule Franken won and he lost, he'll have very little to take forward into the Federal court system.

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Me, too. What's a few more weeks among enemies?

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NOPE, not the situation at all.

This about giving Notso Nimble Norman zero grounds for further appeals. Latitude in procedings translates into a fair chance to and due consideration. The only room he can give himself can be found in procedure. By letting him have his head, they spike his later claims of unfairness. Just like his ballot challenges biting him in his flabby white backside during the trial. Extra time and extra rope does not translate into less dead.

Nippledick Norman lost, is losing and will lose.

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This is going to the Supreme Court of the United States no matter what happens in Minnesota. The first trial bent over backwards for Coleman and he appealed anyways, not the SCOMN will bend over backwards for Coleman and he'll still appeal to SCOTUS. And I'm sure Roberts, Scalia, Alito, Thomas will bend over backwards for Coleman as well to give him all the time he needs. It's a farce.

Folks who don't think this matters can look up a couple blogs to see that Dawn Johnson is in real trouble.

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Coleman was always going to appeal. Limiting his grounds for appeal is more about lessening the chances his appeal will be successful than about preventing an appeal in the first place.

I wouldn't be so sure the Supreme Court will take it up if Coleman tries to go there, especially if it is a weak case. And besides that, even the SCOTUS majority that decided it was apparently so ashamed of the Bush v Gore decision that they tried to spike its use as a precedent in the language of the decision itself. I don't know that they are going to want to go there again, especially Anthony Kennedy.

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The MNSC had to hear Coleman's appeal under MN law. No other courts are so required. So, if the MNSC kills him dead as well as the 3-judge court did, it's entirely possible that no other court will accept the case at all. If one has no case, federal courts are not likely to waste their time.

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The question is will Harry "No Balls" Reid wait to seat him once the Minnesota Supremes have ruled against Coleman?

If so, the next question is why is he still Majority Leader?

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You know what strikes me as odd about that argument about possible unfairness? It's predicated on the assumption that Coleman lost.

Look at it this way: If the Coleman counsel were operating from the assumption that Coleman won the election, I would hope that, just as the Franken counsel has argued, they would want Coleman to be seated as quickly as possible, all for the benefit of the people of Minnesota. Therefore, Coleman's counsel should also be arguing for the speediest appeal possible.

My thinking process laid bare, however, I am starting to change my mind already!

Rather than assuming that Coleman lost, I guess Coleman's team is saying that Coleman is the aggrieved party (or whatever the legal term is), whereas Franken's counsel is arguing that the MN people are the aggrieved party. Why should MN Supreme Court agree with Coleman counsel?

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Because Coleman is, as a matter of law, the aggrieved party. He lost below. The "MN people" are not parties to this proceeding.

Honestly, as suggested above, for anyone who's ever actually been through an appeals process, this is speedy. I can understand being angry with Coleman for dragging this out by filing what is likely a hopeless appeal. But you can't fault the MN SC here, they're moving things at a pretty good clip.

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Thanks, Glenn in NYC, for answering my question as though it weren't rhetorical; I wasn't clear about that. I appreciate your insight.

That is what I figured re: who is the aggrieved party. Alas.

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The claim that the judges are in the tank for Coleman is just stupid. The three court panel was exceedingly fair and consistently ruled in Franken's favor including, of course, the final decision. Setting a five week schedule for briefs and oral argument is exceedingly fair and highly expedited. Anything shorter would have been ridiculous. The delay in getting results here hasn't been the fault of the courts, it has been the fault of (1) an exceptionally close election and (2) a cumbersome election contest procedure dictated by Minnesota law and (3) Coleman's decision to take advantage of the procedure called for by Minnesota law.

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Oh, get a grip, Mitty. You don't know what you're talking about. What evidence do you have for your assertion that the MN SC is "in the tank" for Coleman? They haven't had a shot at this yet, for chrissakes!

I've had the opportunity to meet some of the members of the MN SC. They are in the tank for no one. They are not partisan zealots. They view their work as public service, not party service. If only SCOTUS were filled with such people.

The problem is that Coleman will go to SCOTUS. The MN SC, as the trial court before them, wants to make sure that their decision is iron-clad and irreversible.

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I guess that means more delays for the Texas lawsuits related to the funneling of money to Norm's wife

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Freaking outrage.

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Once again, Republicans are frustrating the will of the electorate by preventing a Democrat who won an election from taking office. Not just any Democrat, either, but one who would be a real progressive.

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The bigger picture: I was told at a Party Executive Committee Meeting by a SEIU organizer that it was planned that the EFCA timetable was scheduled for late May in the Senate.

That the House of Rep is already lined up with 225 co-sponsors and the issue in the Senate is cloture where to force compromise with the NOPUBLICANS the Senate needs to have 60 votes to end the debate or filibuster.

Franken represents that vote forcing the NOPUBLICANS into a corner with their Voinovich, Grassley, Snowe, Collins, and especially Spector

I now see if Reid will push back the timetable to coincide with the Minn SC. After oral arguments the decision can't take more than a week.

Then the point comes to a head. The Senate might have to force Pawlenty's hand or will he finally relent to the obvious that indeed it was a close race but the NOPUBLICANS lost.

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The only way to get accountability is for Minnesotans to punish the GOP in the future for obstruction.

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Ditto.

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I was in Washington DC, on the Capital Mall for the BO Inauguration. We were incredibly close to the front in the Yellow Section, so close that when the 21 gun salute went off, seemingly right over our shoulders, I had to look around and ask WTF was THAT!

The relevant point is that after the Swearing In, and the speeches, and the Big Gun Salute.... the Marine One Helicopter bearing Bush away from the scene flew low and right over us... and you know what happened? It's not so widely reported, but EVERYONE, yes EVERYONE, even me, was yelling and shaking fists and raised middle fingers at that helicopter. And though there was an eerie silence where one could hear a pin drop in spite of 2M people on the Mall during the Obama speech, the cheers over Bush's leaving were a thunderous roar of two MILLION very angry people.

For me, that anger stretched all the way back to Florida 2000. Coleman's actions recall those feelings for me and I know I will NOT forget and I will NOT forgive and I will drink a toast on the day of his ignominious fall when his karma comes back to bite him.

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Yes, googookachoo. I am one of your ilk. I, too, go back to Florida, 2000. All the misery (and for too many American families who needlessly lost loved ones...agony) of the Bush years can be traced back to the crass partisanship (and thus, dishonesty of the supposedly impartial justices) of the Gang of Five on SCOTUS's right wing.
The likes of us do not have to apologize for not 'getting over it'. As Mort Sahl said in response to why he was still fixated on the Kennedy assasination..."Because he's still dead".

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Wow. I hadn't heard that. Cool!

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Could Franken apply to the MNSC for summary judgment and / or request the MSNC order the Governor to sign the certificate of election prior to the June hearing? It would seem to me that Franken's continued lack of seating certainly meets the legal threshold of harm.

I realize that Franken has previously asked the MSNC to order just such an election certificate. That request was refused, but the refusal came prior to the ruling by the 3-judge panel.

Since it seems to take most supreme courts a week to tie their shoes, I wonder whether a request for summary judgment could speed the proceedings up or might slow the process down by forcing the MNSC to 'squeeze' another item onto their agenda. There's also the issue of appeals. Conventional wisdom seems to be that any shortcuts of any kind would give Coleman better grounds in a SCOTUS appeal.

Personally, I don't believe SCOTUS will dare touch this case. If not for the lack of justification, for the focus this case would return to the legal perversion of Bush V Gore.

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The Minnesotat Supreme Court can't give summary judgment or rule without briefs and argument. And they are not going to force a certification now when they will be rendering a decision by June 15

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No. Summary judgment happens only at the trial court level, not on appeals. The most Franken can do is ask for an expedited decision, but because the Court just ruled on his motion to expedite repeating the request would probably only piss off the judges. The best approach is the one Elias followed: praise the judges for the decision and move forward.

Franken can also ask the Court to order Gov. Pawlenty to issue the certificate when the Court renders it's decision. If I was advising the Court, I would recommend against them doing this; in my view the question of whether the Governor should be ordered to issue the certificate isn't properly before the Court until the Governor has failed to do so. I hope the Court sees this differently than I do though.

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I suspect that the Franken team did not expect the MNSC to completely go along with their timetable, and that the request was at least partly a means of forcing Coleman's hand. Coleman's team had to counter Franken's request with their own timetable, and since the court then adopted it, Coleman can't use that as the base of a claim that he was not given sufficient time to prepare and present his case.

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That's how I see it too. I think Franken won on this when Coleman filed his response to the motion to expedite.

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Senator Amy Klobuchar was on TV recently and congratulated for her prediction that the contest decision would be when the ice melted on Lake Minnetonka and was right on target. She then gave an estimate that the State Supreme Court decision would be around when it was warm enough to swim in the lake (around Memorial Day). It looks like she's not going to be as close on this one.

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Sounds like the MNSC is looking for any way possible to give this to Coleman. They should have refused to hear the appeal. What good could possibly come from them hearing it?

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The statute specifically provides for an appeal. They had to take it.

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I seem to recall that Bush v. Gore at SCROTUM I mean SCOTUS was heard and decided in about 5 days. That seems a much more momentous case than this. Why can't the MNSC do the same? The fact that this schedule may be expedited compared to other cases on their docket is not relevant. Given the extensive coverage of this case in the press and the fact that all the arguments have taken place in public, this should take them no longer than a week to finish. One day for Coleman to submit, one day for Franken to reply, one day for oral arguments, one day for deliberation, and then one day to issue the opinion.

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But in 2000, there was a hard deadline (or at least a perceived hard deadline) which had to be met to finalize the decision on Florida. And SCOTUS ran right up to it, which is why there was no time to complete a recount.

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In that case, there was a hard deadline here too, which I believe was Jan 2nd when the new Congress convened. What's the difference? Both January 2 and January 20 are in the Constitution I am pretty sure.

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I hate to admit it, but electing a new President is a lot more urgent than electing one Senator.

Given that the previous administration ENDS at noon on Jan 20, we could be in a pickle with no President if the decision were delayed too long.

That doesn't mean that I think SCOTUS was correct. I think they should have ordered the counties that had recounted to continue with all due speed and given their views on Equal Protection, they should have ordered all the other counties to recount, too.

But that would have applied legal consistency without imposing political will. And the Gang of Five on SCOTUS are nothing if they're not political.

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Will someone please offer Coleman that job in Costa Rica that Blaggo was not able to take?

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Everyone needs to go over to Coleman's house, and egg the hell out of it. Every night. And TP his trees. Every night.

If he moves, do it to his new place. Every night.

Run him and his family completely out of the state.

Make him suffer for his obstructionism. He's had more than enough chances to win this thing by hook or crook. And has come up short. Now because of his own rage and ego, he's going to punish the people of MN for not electing him? By denying them proper representation and constituent services in Congress?

Screw Him!!!

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Said it before, I'll say it again. SCOTUS won't touch this case. The conservative majority had everything to gain by anointing Bush. By putting him in office they guaranteed he would appoint additional conservative judges. Conservative judges in the lower courts meant more cases would be decided in that direction, which means more cases SCOTUS could refuse to hear or affirm without much effort. Conservative justices to the S.Ct. meant the majority would remain the majority. And they gained the support and confidence of Bush and the Republican base.
Here, SCOTUS has nothing to gain. If they rule in Coleman's favor, they piss off the Ds who control the Congress and the WH. Together those branches of power can isolate and undermine SCOTUS. There is also a question whether the Senate could disregard a SCOTUS ruling concerning the election of a senator. Putting Coleman in the senate doesn't change the balance of power, it just prevents the Ds from having one more vote. Early indications are that the Ds will pick up enough seats in 2010 to have a 60+ majority with or without Franken. They can choose not to take the case, rather than rule in Franken's favor, with the same effect, but without blowback.
I suspect the MN S.Ct. is going to do everything to appear to give Coleman every opportunity to exhaust his legal challenges, and then take about 15 min. to reach a decision against him (although they may take a few weeks to appear to be deliberating). The trial court's opinion and memorandum were solid and convincing. All the MN. S.Ct. really needs to say is "Affirmed for the reasons specified by the trial court," and then issue an order to Pawlenty to sign the certificate.

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Every single one of your points makes sense, Mr. E. So what?
The Gang of Five on SCOTUS's right may just do it anyway, even if they buy everyone one of your arguments.
Why? Are you familiar with the fable of the scorpion who stings the frog while crossing the river on it's back? They both drown. You know why the scorpion did it?
He was a scorpion.

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The US Supreme Court is out of session July-Sept. This guarantees that we won't see an end to this until at least October.

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Not true. After the Minnesota Supreme Court rules in Franken's favor, he can ask SCOTUS to hear the hear the case but it doesn't have to hear the case. Decisions to hear a case or not ARE often made during the summer recess. (It takes 4 justices to grant a hearing). If they don't make a decision or decide not to hear the case, then the Senate can accept him. The only way there is further delay is (1) SCOTUS agrees to hear the case which I think is highly, highly unlikely or (2) Pawlenty refuses to sign the certification until SCOTUS rules on the petition for a hearing.

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Huh? Coleman would have to get an order for a stay from the Supreme Court. Otherwise, the Minnesota Supreme Court's order is final.

If appealing to the supreme court gets you the summer off from a judgment, everybody would do this.

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I officially will not be a MN resident by the time Franken is seated, now that is sad. I voted for him and will not even have the opportunity for him to be my Senator by the time I move- May 31st being my last day as an MN resident. I hoped this wouldn't be the case. A sad day for this MN resident.

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In the recent decision rejecting Coleman's suit, the MN court required that Coleman pay Franken's legal expenses (which must be considerable). Assuming Coleman again loses in the MN Supreme Court, will he then be required to pay Franken's legal expenses for the appeal as well? And does this propagate up to a possible SCOTUS appeal? Presumably Coleman is being bankrolled by the national GOP. That being the case, if the Dems are truly confident in the outcome, it might be interesting for them to deliberately ramp up the legal team efforts and costs during the appeals to cosmic levels, all the debts to be paid by the GOP. Adding to the injury seems totally appropriate given the shabby history.

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They did not order all legal expenses. Only costs (filing fees, transcript costs, etc., and excluding legal fees), which will be likely less than $100k at most, plus legal fees connected to the delay from Howell, for which Franken has requested less than $20k. So there is no benefit as you suggest. This is called the American Rule. Each party bears the expense of its own attorneys' fees unless altered by contract, statute, or rule. Here, there is no contract, but the rules of civil procedure allow a court to assess sanctions for discovery abuse; that is how the limited amount of Franken attorneys' fees were assessed to Coleman, i.e., because he abused discovery. Those are only the fees associated with the discovery abuse, however, not the rest.

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Here is the big issue in this appeal:

For counted absentee ballots, the counters had a fairly broad interpretation of the statute to ensure that most absentee ballots were counted. Did Coleman suffer constitutional harm when the recount court limited the recounted absentee ballots to those which technically comply with the absentee statutory requirements?

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Caveats: I'm an attorney, I've handled appeals with very large transcripts, I'm not from Minnesota, and I'm not licensed to practice law in Minnesota. That being said (and I don't want to sound disrespectful), in a case where the citizens of Minnesota are having to make do with 1 senator instead of 2, this timeline makes no sense.

This isn't a situation where some appellate attorneys are handed a transcript from a trial they know nothing about and told to look for issues to appeal. Both sides already know the issues, both sides already know the relevant caselaw, and both sides probably have that part of their briefs already written (rough drafts at least). Just about all that's left is to cite to the appropriate parts of the record, do a little wordsmithing, one or two rewrites, and they're done, and they could be done a lot faster than the court is requiring (see comments above re the Bush v Gore timeline for examples).

Franken suggested he could file a response in 5 days, the MN Supreme Court extended that to 11 (why?), and on top of that, they schedule the oral arguments more than 2 weeks (again, why?) after all the briefs are submitted.

I understand the trial court had to give Coleman lots of leeway in order to minimize the number of issues for appeal, and I think they did a great job and exhibited more patience than most judges I've seen or heard of, but here, given that time really is of the essence, the MN Supreme Court blew it.

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Indeed. The part that is especially puzzling is the time they give to Franken to respond. He told them he only needed 5 days. Why not schedule it that way? Or, at a minimum, set it so the time for the reply starts from the service of the Franken's brief.

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Although sensible, it may not have been practical to follow your suggestion and still get the process moving. Franken submitted a briefing and hearing schedule. Coleman submitted a different schedule that was just a bit longer, but still substantially expedited. Granting a request that neither asked for would require the MN. S.Ct. actually having to deliberate, craft something new, and possibly create an order. This way, they could circulate the two schedules among the justices, and just count the checkmarks.
In hindsight, Franken could have asked for a schedule in the form of: Coleman w days to file, Franken response x days from the time of filing, Coleman rebuttal y days from time of filing, and hearing z days from filing. Since he didn't ask for that, he didn't get it.
A minor blip, except for the possible issue of SCOTUS on recess.

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What I really like about this forum is the level of intelligent commentary (well, not egging Norm's house). I learn a lot and it's refreshing to hear differences of opinion that are stated in a normal tone of voice by one party and thoughtfully considered by the other party. Three cheers for rational discussion!

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From The Fountainhead by Ayn Rand: ... words must be freed from the oppression of reason ... the stranglehold of reason upon words is like the exploitation of the masses by the capitalists. Words must be permitted to negotiate with reason through collective bargaining.

Where's your house? I wanna throw eggs at it. :)

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Sure, come on over. I need to warn you though, that I'm making a new dozen arrows and I'm not bad with my bow. Loosed arrows have no problem with the oppression of reason. ;-)

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Remember "Sore Loserman" and how the corporate media trumped up that angle back in 2000? Don't hear much about that or the crooked campaign finance issues Coleman faces that if it were a Dem would already have been hyped in the extreme.

Once again the double-standard of corporate for-profit media.


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Not to lower the gracious tone of the thread, but a question for the lawyers, if it takes the US legal system over 6 years to decide whether strip searching a 12 year old Middle Schooler, and picking her out solely on the word of one other 12 year old, in order to look for a Motrin pill which was never found, wouldn't it be a travesty of justice to take any less time (than 6 years) to (perhaps!) deny Norm Coleman his sacred Senate place among the rivers of Babylon? (rivers of Babylon-as Harper's Lapham describes Wash. DC)

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Will this travesty be the process of choice for future elections? If Coleman and his Party get to jerk the nation off for more than six months WITH IMPUNITY it has to spawn a trend.

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Local Minnesota Legal commentary is suggesting the Court probably will begin writing at least draft opinions between the 15th and the oral arguments on the 1st of June, thus being able to deliver a final written opinion in quite short order. They assume the court will work primarily from the briefs and trial record -- using the oral argument only to question any disagreements on legal basis for the final decision. The ECC delivered this case with a quite detailed analysis of the Equal Protection claim, and I assume the Supreme Court will want to review that reasoning carefully, look at the briefs and any additional legal precidents presented to them, and probably intends to write dispositatively on that argument. Personally, I think there is a good chance the Minnesota court can deliver a nice funeral service for that aspect of the reasoning in Bush v. Gore vis a vis Equal Protection.

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And I'm sure they are thoroughly familiar with the record by this time.

Or at least they should be. I wouldn't put any incompetence out of the question when it comes to the Coleman legal beagles.

On the other hand, when you have no good argument and have to make bad ones up from thin air, you often sound incompetent.

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