Minnesota Supremes Reject Coleman Lawsuit, Clearing Way For Franken Win Later Today
Norm Coleman's last chance to stop Al Franken from winning the Minnesota recount today just came to an end, with the Minnesota Supreme Court unanimously denying his lawsuit seeking to count an additional 650 absentee ballots that local election officials had thrown out.
The court's ruling upheld the local officials, and told Coleman in no uncertain terms that if he wants to continue to fight this one out, it will have to be in a post-recount election contest:
The record before us with respect to petitioners' motion demonstrates that local election officials have acted diligently and in accordance with our orders, and together with the candidates have agreed upon more than 900 rejected absentee ballots, which have now been opened and counted by the Secretary of State's office....
Because the parties and the respective counties have not agreed as to any of these additional ballots, the merits of this dispute (and any other disputes with respect to absentee ballots) are the proper subjects of an election contest under Minn. Stat. ch. 209.
The big problem now for Coleman is that an election contest proceeding places the burden of proof on the losing candidate who is now challenging the outcome. During all the litigation in this case, it was 100% clear that neither campaign wanted to have to go into court post-recount, knowing fully well that that the odds would be heavily stacked against them.
Late Update: Lead Franken attorney Marc Elias has released this statement:
"Today, the Supreme Court once again affirmed the validity of the rules under which this recount was conducted. Minnesotans have waited a long time for a winner to be declared in this race, and today, with the last attempt to halt the counting process now having failed, Al Franken will be declared the winner."
Late Late Update: The Coleman campaign has released a statement that among other things reiterates that they will challenge the election in court:
"Today's ruling, which effectively disregards the votes of hundreds of Minnesotans, ensures that an election contest is now inevitable. The Coleman campaign has consistently and continually fought to have every validly cast vote counted, and for the integrity of Minnesota's election system, we will not stop now."
The best news is the Minnesota Supreme Court has no intention of tipping any scales in this matter and Coleman's fervent desire that they do is now at an end.
A lawsuit filed before a 3 judge panel that will certainly be highly skeptical of counting any additional ballots that were lawfully rejected, means Colemans' chance just went from slim to none.
I actually believe that Norm will stew on this for a day or two, realize any future electoral chances for him in Minnesota require him to surrender, and Franken will be sworn in by next week.
January 5, 2009 12:43 PM | Reply | Permalink
"Surrender" is not the game plan, here. Even if God Himself appeared to Norm and his team and told them in no uncertain terms that he would not be sworn-in, the idea is to keep throwing shit against the wall, to prevent Senator Al from taking his seat. For as long as possible.
This isn't a stretch to figure out. Coryn's statements are all the "reveal" you need.
You know... all my life, I've listened to the grousing of the conservative movement, against all cultural phenomena they deemed too "liberal". And one of their golden oldies has always been about the outrageousness of "frivolous lawsuits".
Well, wouldn't you know that the first chance the right had to use the court system as a spoiler, they'd be the ones who would take it... and take it much further than it had ever gone before. Or, perhaps we have forgotten "Bush v. Gore"? And now, this, which has even less merit for going into court.
I simply cannot bring myself to believe that even our beloved beaten-wife Democrats in Congress will accept a norm (hey! Look at that! I made a funny!!), where any tight election, after it gets resolved for the Democrat, can then be sued into oblivion for the duration. And to do this by trying to making the case that all legal disputes need to be settled, before they will allow a Senator to be seated (in the case of Franken, I figure they can keep this in court for maybe, oh, six years?).
I keep thinking of the old right-wing cliche about how one of those shifty trial lawyers "can sue a ham sandwich". The GOP is now proving that despite their former warnings of doom (when THAT suited their purposes), they now embrace this "shifty" legal strategy as an effective way of illegitimately preventing a Senator from the opposing party from taking office at all.
This is simply a criminal action against the Constitution. If the Dems permit them to get away with it, we'll see a minority party doing this again to maybe dozens of legitimately-elected Democrats, for a long long time. The Republican "husbands" may be chronically underemployed bastards, but they fully intend to keep beating their more virtuous Democratic "wives" (so to speak).
Harry Reid is obligated by decency and allegiance to our Constitution to stop this BY ANY MEANS NECESSARY. Because this is nothing less than a gang-rape of democracy.
It would be totally appropriate for him to invoke as many "nuclear" procedures as he can conjure-up, to just plain neuter the minority (the way THEY did... only more fatally!) and shut down all Republican participation in American lawmaking, until and unless they regain the majority. This is an appropriate punishment for the Republicans. They've earned it, now.
January 5, 2009 2:52 PM | Reply | Permalink
That's not good enough.
Al Franken should be sworn in with the other members of his Senate class. Al Franken and the people of MN deserve that seniority (97 of 100). Norm Coleman shouldn't punish the people of MN because they punished him.
January 5, 2009 3:23 PM | Reply | Permalink
What's interesting about this latest round of argument from the Coleman camp is that it's totally absent of any language related to "equal protection" or any other legal or Constitutional language.
Though I've only seen the press reports and watched the Uptake on Sat. when the Coleman lawyers held their press conference, it seems to boil down to a naked grab for more previously rejected absentee votes in red districts.
Not much of a legal argument for any court to chomp on...
January 5, 2009 12:54 PM | Reply | Permalink
Are we there yet ?
January 5, 2009 12:58 PM | Reply | Permalink
Coleman isn't doing this all by himself. The entire repub machine is behind him. If/when he loses it will likely be the RNC that will pay court costs and not him. Of course his "other" court case, the one about ill-gotten-booty from Texas he will have to pay for out of his own pocket. Oh, unless he sets up a "fund," which I doubt many Minnesotans are likely to pony up for.
BTW, for repubs like Norm, Tom DeLay, and that baby-faced dolt from PA whose name I can't recall; they don't need to be re-elected. They are all rewarded with salaries at "think tanks" and lobbying firms. Coleman is playing the game so he can get his.
January 5, 2009 12:58 PM | Reply | Permalink
I believe you are referring to Santorum, which is also defined as a frothy mix of some sort. Google it and you'll find out.
January 5, 2009 2:07 PM | Reply | Permalink
Think tanks and lobbying firms, not to mention Fox News. The idea of so many disgraced politicians ending up on Fox getting paid big bucks for talking their shit makes me cringe. For this reason, it is imperative that the corrupt are prosecuted to the fullest extent of the law. Crime ought not pay like that.
January 5, 2009 2:40 PM | Reply | Permalink
But it's NOT just FOX News! John Bolton, who was never even confirmed as UN Secretary has 2 op-eds today: WAPO and NYT!
The fact that he gets any inches in print at all is an abomination; but in the paper of RECORD? And #2?
And to the comment above -- yes, Santorum - I kept thinking of "Sanctimonious" and I couldn't bring his name up to consciousness. All the better. Oh, for true justice!
January 5, 2009 6:06 PM | Reply | Permalink
Expecting a 255 vote swing out of 650 disqualified absentee votes is unreasonable. Coleman better have a lot more if he has any plan to win new litigation. He also better have a large amount of money to put down as a bond.
I guess the Republicans can afford to spend a lot to keep Franken out of the Senate a few weeks, but I sure wouldn't waste my money on the prospect.
January 5, 2009 1:00 PM | Reply | Permalink
Expecting a 255 vote swing out of 650 disqualified absentee votes is unreasonable. Coleman better have a lot more if he has any plan to win new litigation. He also better have a large amount of money to put down as a bond.
I guess the Republicans can afford to spend a lot to keep Franken out of the Senate a few weeks, but I sure wouldn't waste my money on the prospect.
January 5, 2009 1:01 PM | Reply | Permalink
I'm guessing those 650 rejected absentee voters are cherry-picked from a list of Norm's campaign contributors. Norm already knows what's in the envelopes.
January 5, 2009 1:05 PM | Reply | Permalink
In a normal sample of this election you'd also expect Barkely to get 15% or about 100 out of the 650.
So for Coleman to make up 250 out of 550 would require an even more extreme split, 400-150. He'd have to be counting on family members to get 73%.
January 5, 2009 3:22 PM | Reply | Permalink
I'm glad this post lacks that photo of Norm with his hair "standing up" - but maybe this final nail in the electoral coffin will make the hair fall down. I don't know if he tries to make himself look taller, like Kim Jong Il, or if he just likes stiff hair that looks like a miniature Niagra Falls. But, dear god, may we be spared more pictures of a guy with his hair standing on end.
January 5, 2009 1:02 PM | Reply | Permalink
Norm makes MY hair stand on end.
January 5, 2009 1:08 PM | Reply | Permalink
The hair thing was part of Norm's "Kennedy" look from when his youthful ambitions were directed towards the Democrats (he entered politics as a Dem and was highly touted by more than one DFL insider as the guy to watch. Norm co-chaired Bill Clinton's campaign here way back when Clinton was merely a face in a crowd of hopefuls.
It's easy to knock Norm when his luck runs out, but the truth is he has been a very successful politician for a long time; he does have superior political skills and he knows the nature of power. He is unprincipled and has undercut or double-crossed a lot of those who once were his patrons . . . in this year's campaign, Norm ran away from George the Worst as hard as he could, although Norm owed his election in the first place to W's (literal) embrace . . . and also to the aftermath of the Wellstone plane crash.
If Jesse Ventura had not scrambled the script by beating Norm for Governor in 1998, Norm would have been on an Obama-like trajectory. And if Al Franken had not disregarded skeptics like me, Norm would have cruised to re-election. I did not think Al could win because of the satirical anti-Catholic-Church stuff he wrote in "Why Not Me?"---but the Thugs didn't find that particular book until too late in the game.
Even so, this is a virtual tie. As Senator, I hope Al keeps constantly in mind that over 15% of the voters went for Dean Barkley. The hard-core Coleman voters will NEVER accept Al on his merits, but many of the independents might come around.
As for Norm Coleman, he needs to find ANOTHER party to switch to. Oh-oh, Barkley---look out!
January 5, 2009 1:26 PM | Reply | Permalink
Agreed. Which is exactly why I'm so happy he's out. I've watched his career from this observation post on the border. Completely without principle, except that looking out for himself is always #1.
January 5, 2009 1:33 PM | Reply | Permalink
An Obama-like trajectory? Please! Obama worked in the trenches and has a family that he obviously adores. He is an honest and intelligent person who has a world view that prepared him for this job. You make it sound like Obama is just a pol who happened to luck out by running against Hillary Clinton (who was supposed to be a shoe-in) and against John McCain, who surprisingly garnered more votes than most of us expected.
Norm Coleman is a political hack whose family life is in the toilet; he has never been for anything except making money for himself. While Barack was studying world history and politics and Constitutional Law, and then working in the trenches with people who had no hope before he got there; Norm was doing what? Marrying well?
Please! I feel like I know Barack Obama. I volunteered for Barack Obma. I voted for Barack Obama. Norm Coleman (the oily creep) is NO BARACK OBAMA!
January 5, 2009 6:58 PM | Reply | Permalink
It's over, Norm. Stop being so litigious.
January 5, 2009 1:08 PM | Reply | Permalink
The Republicans will never accept the Franken win. They will always deligitimize it ("it was stolen!"). Too effin' bad.
All I know is - I can't wait for some impassioned speeches on the senate floor from SENATOR Franken!
January 5, 2009 1:12 PM | Reply | Permalink
Republicans whining that an election was stolen, the irony is so thick I can't see. Every state should look to Minnesota for guidance on how to handle a recount and close elections.
Al Franken is as legit as any other Senator. Can't wait to watch him run circles around Repubs--it's their worst nightmare, the liberal Rush Limbaugh. Except Franken is 100% more intelligent and funnier.
January 5, 2009 1:21 PM | Reply | Permalink
I don't know, this Minnesotan thinks that Barney Frank may have Franken beat in the humor department. If we're lucky they'll form a tag-team.
January 5, 2009 2:07 PM | Reply | Permalink
Paul Wellstone must be smiling from above.
January 5, 2009 1:13 PM | Reply | Permalink
Good, this is better from the Minn. Supremes. Now let's hope they don't dither for weeks on the challenge, but shoot it down quickly.
January 5, 2009 1:15 PM | Reply | Permalink
A unanimous ruling would seem to be a leading indicator.
Norman's over with, he just hasn't the sense to admit it.
January 5, 2009 1:21 PM | Reply | Permalink
So now only one question remains:
What kind of seniority does Norm Coleman want to give Al Franken and the state of MN? If Franken is seated with the rest of his class, he will rank 97 of 100 tomorrow and 95 of 100 once the confirmation hearings are done. Does Coleman want to deny MN that kind of seniority?
January 5, 2009 1:42 PM | Reply | Permalink
Can't wait to use Antonin Scalia's "Get over it" line from 2000 on my Republican friends...
January 5, 2009 1:45 PM | Reply | Permalink
Any word yet on Cornyn's response to this news?
I hope he tries a filibuster against seating Franken. He'll look like the fool he is.
January 5, 2009 1:55 PM | Reply | Permalink
If Al Franken's lead finally is validated judicially and later certified by the Senate it will mean that the Democrats have a one-Senator short-filibuster-proof majority, rendering the Republican's abililty to muster a filibuster all the more difficult. For this reason alone the Republicans are not going to take Norm Coleman's defeat lying down.
The GOP, then, rejected by the American people with all what they stand for, remains in denial of their eroded integrity and credibilty. They, therefore, will go all out to deny Democrats any semblance of a legislative success and a filibuster is a powerful weapon to achieve that goal. Without a shadow of doubt the Republicans in vengeance for their electoral losses and out of bitterness will soon enough be set in an all out procedural assault against Democratic legislative excercise. Because naively and in desperation they believe Democratic Congressional failures ultimately assure Republican political successes. Thus the Republicans are in a miserable state of soul-shearching because they have sacrificed every fiber of decency at the alter of political calculation.
January 5, 2009 1:56 PM | Reply | Permalink
Yes Thabo you are on to the real motivating force.
59 votes in hand for a major legislation places enormous pressure to keep GOP political discipline when just 6 months ago the RNC and Rep Senate Caucus said "you are on your own" resulting in this political debacle or tsunami losing in effect 8 seats to the Democrats.
Now this discipline enhances the power of the moderate Senators; the two from Maine, Arlen from PA, former GOP nominee and his toadie from NCarolina.
All the Dem's have to do is work on those and put the 20 or so far right-wingers led by McConnell to the irrelevant zone---oh that is what a former Neb Senator wrote about.
January 5, 2009 3:36 PM | Reply | Permalink
"Today's ruling, which effectively disregards the votes of hundreds of Minnesotans..."
Coleman Camp are funny. What about the nearly 400 wrongly rejected absente ballots that they carved out of the 1300+ so that they weren't counted? Ones that ironically we from Franken Country?
I think the Franken Camp has set Coleman up to fail on this. They've been the group fighting to include more ballots, while Coleman has been the one to obstruct counting repeatedly.
It's nice to see Coleman go out as a hypocrit. He went into office as one, held it as one, and campaigned for re-election as one. A fitting end.
Ass:Hit:Door
John
January 5, 2009 2:15 PM | Reply | Permalink
Just wondering:
Does Coleman need to keep this going in order to ask for more contributions for his legal fund and/or recount battle?
January 5, 2009 2:15 PM | Reply | Permalink
"Today's ruling, which effectively disregards the votes of hundreds of Minnesotans..."
Coleman Camp are funny. What about the nearly 400 wrongly rejected absente ballots that they carved out of the 1300+ so that they weren't counted? Ones that ironically we from Franken Country?
I think the Franken Camp has set Coleman up to fail on this. They've been the group fighting to include more ballots, while Coleman has been the one to obstruct counting repeatedly.
It's nice to see Coleman go out as a hypocrit. He went into office as one, held it as one, and campaigned for re-election as one. A fitting end.
Ass:Hit:Door
John
January 5, 2009 2:18 PM | Reply | Permalink
Just wondering:
Does Coleman need to keep this going in order to ask for more contributions for his legal fund and/or recount battle?
January 5, 2009 2:24 PM | Reply | Permalink
Has anyone noticed the similarities between Coleman and Virgil Goode, (former) congressman from southside Virginia?
Both were democrats in name, then switched parties in pursuit of glory, power, and money. And to boot, they look alike too!
Does anyone know if Coleman is as prejudiced as Virgil Goode is, in my opinion?
January 5, 2009 2:51 PM | Reply | Permalink
Has anyone noticed the similarities between Coleman and Virgil Goode, (former) congressman from southside Virginia?
Both were democrats in name, then switched parties in pursuit of glory, power, and money. And to boot, they look alike too!
Does anyone know if Coleman is as prejudiced as Virgil Goode is, in my opinion?
Of course the most obvious similarity is that both lost in a very tight election to liberal democrats.
January 5, 2009 2:57 PM | Reply | Permalink
I say that we have a wrestling match to finish it once and for all. Minnesota Cage Style.
If you've seen Franken's buff Jagger, you'll know Norm will finally be forced to throw in the towel.
January 5, 2009 3:18 PM | Reply | Permalink
"Today's ruling, which effectively disregards the votes of hundreds of Minnesotans..."
Yes, that is irony-free bluster from the Coleman camp.
The math might work for Coleman only if the courts (i) toss out all 133 votes from the Minneapolis precinct that were in the lost envelope (the canvass board unanimously voted to use the election night results), and (ii) toss out the original ballots from 25 select (blue) precincts where Coleman claims (without convincing evidence) that there was double counting, and (3) permit a count of the 654 'wrongfully' rejected absentee ballots Coleman now wants to count. As for those 654 -- Coleman's first appeal to the MN SCt opposed counting any of rejected absentees; local election officials have twice put them in the rightfully rejected pile; Coleman's lawyers identified the additional ballots at 4:30pm on the day the court had set a 3:00pm deadline; if Coleman is permitted to identify additional absentee ballots for counting, then Franken could be entitled to do the same.
Heed your own advice, Norm! Stand back! Let the healing begin!
January 5, 2009 4:04 PM | Reply | Permalink