Minnesota Supreme Court Rules On Coleman's Appeal: He Lost, Franken Won The Election
The Minnesota Supreme Court has handed down its much-expected ruling in the heavily-litigated Minnesota Senate race from 2008 -- and it's a unanimous one -- deciding against Republican former Sen. Norm Coleman's appeal of his defeat in the election trial and affirming the lower court's verdict that Democratic comedian Al Franken is the legitimate winner of the race.
The courts finds that "Al Franken received the highest number of votes legally cast and is entitled under Minn. Stat. § 204C.40 (2008) to receive the certificate of election as United States Senator from the State of Minnesota." This means that when Franken is ultimately seated, the Democrats will have 60 seats and be able to beat any Republican filibuster if they stay completely united (though good luck with that, obviously.)
It's been seven and a half months since Election Day, and five and a half months since the seat went vacant after Coleman's term expired -- but the state's process of recounts and litigation is now over, barring the unlikely event of a higher authority stepping in and forcing them to do more. Franken has won by 312 votes, out of roughly 2.9 million -- a difference of 0.011%.
The big question now is what comes next. Will Coleman concede, or will he take another path -- as national GOP leaders like Sen. John Cornyn (R-TX) have urged -- and take this to federal courts, where he might try to get an injunction against Franken receiving a certificate of election? And if Franken does get his certificate, will the Senate GOP attempt to filibuster its acceptance?
Coleman's core issue during the litigation has been that more rejected absentee ballot envelopes that his campaign has identified should have been counted, and that the 14th Amendment requires the state to adopt a less strict standard for admitting these votes in. The rationale here is that various counties were lax in enforcing certain legal requirement, and therefore deficiencies in other ballots must be excused.
His campaign picked out about 4,400 out of 11,000 total outstanding ballots -- and has made the interesting claim that they don't know what's in these envelopes. It's very clear to any rational observer that both sides engaged in cherry-picking in selecting rejected ballots. And their claim was always a tough legal road to take.
The other possibility that they've floated throughout this process at various times is that it's impossible to truly know who won this election, and therefore the result should be thrown out ("set aside," in their words).
We'll see whether the national GOP goes to the mat any more than they already have for any or all of these claims, and how much longer this can get held up. Believe it or not, this is not actually yet the longest ongoing dispute over a Senate election since direct voting was brought in -- that "honor" belongs to the 1974 New Hampshire Senate race, which left the seat vacant through August 1975, when a temporary appointment was made, and then had a do-over election in September 1975.
Josh
Matt
Eric
Brian
Going to be very difficult for Pawlenty and Cornyn and co. to spin this as anything other than complete defeat:
"Al Franken received the highest number of votes legally cast and is entitled under Minn. Stat. § 204C.40 (2008) to receive the certificate of election as United States Senator from the State of Minnesota."
Norm's done.
June 30, 2009 2:13 PM | Reply | Permalink
Pawlenty will have to sign it now or he's going to damage himself politically.
June 30, 2009 2:23 PM | Reply | Permalink
Yah, here was Pawlenty on CNN over the weekend:
"I'm going to follow the direction of the court," he said during an appearance on CNN. "We expect that ruling any day now. I also expect them to give guidance and direction as to the certificate of election. I'm prepared to sign it as soon as they give the green light."
As far as Minnesota is concerned, this is over. No way Pawlenty backtracks on this now - he'd be done as a viable politician in the state. Cornyn may try to gum things up, but could he really get every GOP senator onboard to keep Al out? Doubtful.
June 30, 2009 2:32 PM | Reply | Permalink
Pawlenty is done with MN. His aspirations are to be the sacrificial lamb for Obama in 2012.
His constituency now is the 1/3 of voters who identify as republicans. Given the winner-take-all nature of their primaries, he really only has to lock up a little over 1/3 of that group. Can you say dead-enders?
June 30, 2009 2:41 PM | Reply | Permalink
Yes! That's 60. Take that, O'Reilly!
June 30, 2009 2:15 PM | Reply | Permalink
"Senator Al Franken" -- say it, Billo! <g>
June 30, 2009 2:23 PM | Reply | Permalink
I've learned to always expect the Sore Loser party to delay and postpone at every step. They'll protest even after Franken is certified, and make a big hubbub and Faux News and elsewhere about it. That's just what they do, and you are truly naive if you think otherwise.
Hell, they don't even accept Obama as legit, and he won by 10 million goddamn votes!
June 30, 2009 2:15 PM | Reply | Permalink
Finally.
June 30, 2009 2:16 PM | Reply | Permalink
WOOOOOOOHOOOOOOOOOOOOO!!!!!!!!!!!!
June 30, 2009 2:17 PM | Reply | Permalink
If I understand the chatter correctly, the Coleman people never thought they might win, their primary objective was simply delaying Al assuming the seat.
Thus, it's not over until every delaying tactic has been exhausted.
June 30, 2009 2:18 PM | Reply | Permalink
I agree, and I think there is a story to be written about what Coleman's possible delaying tactics could be at this point.
June 30, 2009 2:29 PM | Reply | Permalink
Short of a directive by the Court ordering Pawlenty to sign, this aint necessarily over.
June 30, 2009 2:18 PM | Reply | Permalink
I think "is entitled to receive a certificate of election" may be that, though I'll wait for those with legal expertise to weigh in.
June 30, 2009 2:22 PM | Reply | Permalink
Legally, you could argue that's not actual an order or a writ of mandamus to issue the certificate. Politically, Pawlenty would be taking a big risk to weasel work with that.
On the former point, I haven't read the opinion, just checked the quote.
June 30, 2009 2:39 PM | Reply | Permalink
MN law is clear. The next step is for Pawlenty (and I believe the MN SoS) to sign the certificate.
The court is assuming that the governor can understand the clear language of the statute and will perform his duties accordingly.
If I were Mark Ritchie, MN SoS, I'd have the certificate signed & walk it right into Pawlenty's office. Now.
June 30, 2009 2:52 PM | Reply | Permalink
I agree, and I think that the court is signalling in a way that it doesn't have to go any farther than say he's entitled, and the Sarah Palin types of the world have to act like grownps when they read such court opinions. If they wanna make an argument that they didn't understand "entitled," that's up to them, the court is not going to dive down into the mud and stupidity with them.
Entitled means sign it. The court doesn't need to spell it out for you and they don't plan to get into that habit either.
June 30, 2009 4:05 PM | Reply | Permalink
This is excellent news for health care with a public option!
June 30, 2009 2:18 PM | Reply | Permalink
THIS
June 30, 2009 2:19 PM | Reply | Permalink
IS
June 30, 2009 2:21 PM | Reply | Permalink
GREAT
June 30, 2009 2:25 PM | Reply | Permalink
NEWS
June 30, 2009 2:26 PM | Reply | Permalink
FOR
June 30, 2009 2:27 PM | Reply | Permalink
STUART SMALLEY AND THE AL FRANKEN DECADE!!!
June 30, 2009 3:44 PM | Reply | Permalink
FOR
June 30, 2009 2:27 PM | Reply | Permalink
EVERY FREAKING ONE OF US!
June 30, 2009 2:31 PM | Reply | Permalink
MARK SANFORD
June 30, 2009 2:35 PM | Reply | Permalink
EXCELLENT
June 30, 2009 2:25 PM | Reply | Permalink
NEWS
June 30, 2009 2:27 PM | Reply | Permalink
FOR
June 30, 2009 2:27 PM | Reply | Permalink
JOE LIEBERMAN!
June 30, 2009 2:30 PM | Reply | Permalink
HIKERS
June 30, 2009 2:30 PM | Reply | Permalink
NEWS
June 30, 2009 2:29 PM | Reply | Permalink
EXCELLENT
June 30, 2009 2:26 PM | Reply | Permalink
EXCELLENT
June 30, 2009 2:26 PM | Reply | Permalink
Eric...You have done an outstanding job covering this entire election! My hats off to you for an excelent job well done! Josh, take care of this guy he does great work for TPM!
June 30, 2009 2:21 PM | Reply | Permalink
ditto. Eric did a great job on this.
June 30, 2009 2:33 PM | Reply | Permalink
Ditto ditto.
June 30, 2009 3:24 PM | Reply | Permalink
I want to see hannity, rush, and o'reilly call him Senator.
June 30, 2009 2:21 PM | Reply | Permalink
Finally!
The perfect antidote to Saxby Chambliss and Tom Coburn.
Yay!!
June 30, 2009 2:22 PM | Reply | Permalink
COLEMAN HAS HIM RIGHT WHERE HE WANTS HIM!!!
June 30, 2009 2:23 PM | Reply | Permalink
True, LOL.
June 30, 2009 2:33 PM | Reply | Permalink
http://www.youtube.com/watch?v=Njph0QyXcKs
June 30, 2009 2:23 PM | Reply | Permalink
Congratulations to the junior senator from Minnesota!
It'll be a bigger margin next time, Al. We promise.
June 30, 2009 2:25 PM | Reply | Permalink
Pardon me for feeling sceptical still. The GOP will try to delay this further with more legal maneuverings.
That being said, this could finally be the slap Coleman needed.
I'm still sceptical on the public option as well. These conservative Dems are a handful.
Go Schumer!!!!!!!!
June 30, 2009 2:27 PM | Reply | Permalink
Go Al Go~!
John
June 30, 2009 2:28 PM | Reply | Permalink
You can take this guy!!! (h/t Paul Wellstone)
June 30, 2009 3:47 PM | Reply | Permalink
This makes two decisions by the Supreme Court in a row and Sotomayor has not gotten s single vote yet.
June 30, 2009 2:29 PM | Reply | Permalink
This is the SCOMN, not the SCOTUS.
June 30, 2009 2:35 PM | Reply | Permalink
Anyone know which of the Supremes has jurisdiction for Minnesota?
June 30, 2009 2:29 PM | Reply | Permalink
Alito.
(groans)
June 30, 2009 2:35 PM | Reply | Permalink
and moans
June 30, 2009 2:43 PM | Reply | Permalink
and pulls out his pins and his Alito doll
June 30, 2009 2:48 PM | Reply | Permalink
I think it's Alito.
June 30, 2009 2:35 PM | Reply | Permalink
It's more likely they start in the federal district court that do a direct appeal.
They have 10 days to move for reconsideration and then the judgment is final in the SCMN
June 30, 2009 2:50 PM | Reply | Permalink
Will Franken get back pay?
June 30, 2009 2:29 PM | Reply | Permalink
Michael Steele - 'Once again, the GOP is positioning themselves for 2010. This loss has strengthened our underdog position, and we will come out swinging because that's how we role!'
(writing his response in an undisclosed location)
June 30, 2009 2:32 PM | Reply | Permalink
And an unanimous to boot!!!! Senator Franken back your bags, you're going to Washington!!! 8-)
June 30, 2009 2:36 PM | Reply | Permalink
Lets not count our chickens before they're hatched. I won't be satisfied until I see Franken in the Senate.
Hopefully, Harry Reid won't feel the need to 'consult' with Mitch McConnell on this.
June 30, 2009 2:37 PM | Reply | Permalink
Tell ya what... I'll count, you just turn the other way :-)
June 30, 2009 3:51 PM | Reply | Permalink
The AP just got their story up, and check this out:
The high court rejected a legal challenge from Republican Norm Coleman, whose options for regaining the Senate seat are dwindling.
Dwindling? WTF? Of course, all news is good news for republicans but really... Is there even more than one option?
June 30, 2009 2:38 PM | Reply | Permalink
Two, I guess: SCOTUS or to say "Congrats, Al!"
June 30, 2009 2:42 PM | Reply | Permalink
In MSM-speak, Sarah Palin is "seen by many to be an intellectual lightweight," Rush Limbaugh is "polarizing" and Norm Coleman has "dwindling options."
Because "dumbass," "asshole" and "hopeless" show a clear liberal bias.
June 30, 2009 2:46 PM | Reply | Permalink
LOL!!! But it's great to be a liberal today.
June 30, 2009 2:57 PM | Reply | Permalink
Very funny.....
June 30, 2009 3:26 PM | Reply | Permalink
Wake up Harry Reid.
June 30, 2009 2:39 PM | Reply | Permalink
Co-sign.
June 30, 2009 2:40 PM | Reply | Permalink
Remember, this is Paul Wellstone's seat. We finally have it back.
June 30, 2009 2:48 PM | Reply | Permalink
Some of us never forgot.
June 30, 2009 2:49 PM | Reply | Permalink
Who currently has Joe McCarthy's seat?
June 30, 2009 3:29 PM | Reply | Permalink
I expect that would be somebody in Wisconsin.
June 30, 2009 3:53 PM | Reply | Permalink
Norm press conference soon. @3:00
3:30 Al
June 30, 2009 2:54 PM | Reply | Permalink
Can't wait for the green-clad Colemanites' chants of "death to the dictator."
June 30, 2009 2:57 PM | Reply | Permalink
Congratulations Senator Franken. Wait -- what was the name of that guy he was running against?
June 30, 2009 3:03 PM | Reply | Permalink
While I am thrilled (!!!) about the result, there is part of me that cringed a bit at certain parts of the opinion. In particular, Section III.A states, basically, that to challenge an absentee ballot, the candidate needs to do so prior to the deposit of the ballot in the ballot box. Anyone doubt that the R's will use this as a roadmap to fan out across DFL precincts and challenge virtually all of the absentee ballots in those areas (unless of course the voter donated to a R in that cycle)? From a voter enfranchisement position, this is not a great opinion.
June 30, 2009 3:06 PM | Reply | Permalink
Just read this (below) on Huff Post. Any legal opinion?
Anyone who thinks Pawlenty will certify this is living in Disneyland. Over and over, Pawlenty has been very careful to say that he would abide by a COURT ORDER. There was no court order today. Only an opinion. Pawlenty is playing word games. He has no intention of certifying Franken's victory. Minnesotans had better get ready to launch impeachment proceedings against Pawlenty, because that's the only way they're going to force him to sign the paper.
June 30, 2009 3:17 PM | Reply | Permalink
No way. A governor cannot just choose to defy the law and decide to disregard an election. Way too much is made of this. Governors do not have the ability to choose which elections they want to certify.
June 30, 2009 3:20 PM | Reply | Permalink
Thanks.
June 30, 2009 3:22 PM | Reply | Permalink
Thanks for all the good thoughts, folks. We're finally going to have a senator.
Amelie, I have a hard time believing that Pawlenty would suggest that this was only an "opinion." If a Supreme Court states that a person is "entitled to an election certificate," that's pretty much a court order.
Now, that's not to say that Pawlenty would ignore the court -- or that he would allow Coleman to attempt to get a stay. But, I doubt that a court would issue a stay given the circumstances of this long and drawn-out recount battle. The fact is that Franken won a very, very close game in extra innings.
June 30, 2009 3:21 PM | Reply | Permalink
Thanks so much.
June 30, 2009 3:23 PM | Reply | Permalink
Hasta la vista Kleefeld
UR out of a job!
Off to law school with ya
June 30, 2009 3:23 PM | Reply | Permalink
I'd really be a lot happier to know that the decision has language close to this: "This Court orders and directs the Governor, Tim Pawlenty, to sign the certificate of election and deliver the same to the Secretary of State who is in turn ordered and directed to deliver it to [appropriate Senate person in Washington]."
Alito being the Justice responsible for this circuit is enough to induce cold sweats.
June 30, 2009 3:23 PM | Reply | Permalink
Wonder what Norm will say at the presser? Last time he had one, I was sure he was going to concede.
BTW, off topic, but why the hell does Sanford keep talking, really, who wants to even hear it?
June 30, 2009 3:29 PM | Reply | Permalink
Sanford is deeply religious. In order for him to get right with God, it is necessary for him to address all of his sins.
June 30, 2009 3:40 PM | Reply | Permalink
Ohhhhhh. We former Catholics used the confessional 'box' to keep it a secret.
June 30, 2009 3:42 PM | Reply | Permalink
Didn't mean that as a reply to your post, but I agree with you.
June 30, 2009 3:30 PM | Reply | Permalink
Al Franken is a fucking Senator.
Never woulda thunk that 30 years ago, or remembering his character on the train in Trading Places.
Finally, though, the Franken decade has arrived.
Congrats, sir!
June 30, 2009 3:34 PM | Reply | Permalink
Now let's hear it from the Dems, "Shut up GOP, we got some voting to do.!"
June 30, 2009 3:51 PM | Reply | Permalink
Now if the Minnesota Supreme Court can get rid of Michelle Bachmann, Minnesota can really celebrate.
June 30, 2009 4:03 PM | Reply | Permalink
Coleman concedes! Wooo hooo!!!!
June 30, 2009 4:20 PM | Reply | Permalink