January 5, 2009
COLEMAN'S DWINDLING OPTIONS.... It's going to be increasingly difficult for Norm Coleman and the Republican Party to justify dragging this out even further.
The Minnesota state Supreme Court has turned down Sen. Norm Coleman's plea to include 654 rejected absentee ballots in the final vote count in his race against entertainer Al Franken, a major setback for the GOP incumbent who is seeking to make up a 225-vote deficit.
The Court -- in an opinion issued this afternoon and signed by Chief Justice Alan Page ( a member of the Purple People Eaters) -- said that Coleman's attempt to include these rejected absentees did not meet the criteria for counting ballots laid out in a previous ruling, specifically that both sides had to agree for any additional ballots to be counted.
"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 subject of an election contest," wrote Page.
And with that, Franken should be declared the winner in about an hour.
Lead Franken attorney Marc Elias released a statement in response to the court ruling, "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."
On a related note, Sen. John Cornyn (R-Texas) said this morning that winning more votes and being declared the winner does not give Franken "a legal right" to claim victory.
Keep in mind, the right is already gearing up for a prolonged fight, as evidenced by a wildly misleading editorial in today's Wall Street Journal, which is based largely on the notion that its readers don't know that the Minnesota canvassing board is bipartisan, and has made a series of decisions unanimously.
Let's not also forget, it was just two months ago that Coleman announced that he would concede if he were losing. As he saw it, the day after the election, it was "important" for the "healing process" that voters not be put through a prolonged fight.
Funny, he seems to have changed his mind.
—Steve Benen 2:15 PM
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"a major setback for the GOP incumbent" - Coleman is no longer the incumbent, his term expired on Saturday.
Posted by: Andrew on January 5, 2009 at 2:25 PM | PERMALINK
"Chief Justice Alan Page ( a member of the Purple People Eaters)"
That might cause some confusion to readers unfamiliar with certain Minnesota traditions....
Posted by: J on January 5, 2009 at 2:31 PM | PERMALINK
Sen. John Cornyn (R-Texas) said this morning that winning more votes and being declared the winner does not give Franken "a legal right" to claim victory.
It's time for pounding on the table.
That might cause some confusion
What? Doesn't everyone know about the cannibals who hate people who don't vote straight party lines?
Posted by: Danp on January 5, 2009 at 2:34 PM | PERMALINK
Does anyone remember the day or so after the election when Coleman told Franken he should drop out? Wonder if he didn't have an inkling that further counting wouldn't go his way.
Posted by: ET on January 5, 2009 at 2:36 PM | PERMALINK
Many Sunday afternoons spent watching those four chew up the opposition. Of course, that was when before I put away childish things!
I remember when Page went on the court and how it helped changed my thinking about "dumb" jocks.
And I lived in Arkansas!
Posted by: Roger on January 5, 2009 at 2:37 PM | PERMALINK
The GOP obviously can't stand the notion of a Senator Franken--and they are justifiably concerned. Franken is everything that Harry Reid isn't. And to Republicans, Franken is the liberal Limbaugh, but smarter and funnier. And more honest. A real nightmare for Repubs.
Posted by: Allan Snyder on January 5, 2009 at 2:41 PM | PERMALINK
Franken is the liberal Limbaugh,
Rush Limbaugh is a big fat idiot. I read that somewhere. :)
Posted by: Danp on January 5, 2009 at 2:46 PM | PERMALINK
Oh, man. This isn't as big as the Supreme Court handing the presidency to George W. Bush, but it is sure sweet to see all the wingnut pundits who cheered Bush's appointment in 2000 get their panties in a bunch over Franken's victory. Awesome.
Posted by: jonas on January 5, 2009 at 2:47 PM | PERMALINK
The republican sewer is backing up. Hopefully Reid and the plumbers can clear the blockage before it reaches the Senate chamber.
Posted by: Northern Observer on January 5, 2009 at 2:50 PM | PERMALINK
Franken is the liberal Limbaugh, but smarter and funnier. -Allan Snyder
One of them is a cum laude Harvard grad, the other a Southeast Missouri State dropout. Can you figure out which is which?
Posted by: doubtful on January 5, 2009 at 2:53 PM | PERMALINK
Cokie was on my radio this morning lamenting that this situation is just so sadly complicated, that it could become a very big problem. She had talked to Mitch McConnell, and he really really wants to be bipartisan, but he just can't allow Norm Coleman's senate seat to be stolen in such an outrageous manner. If the democrats were smart, they'd file a lawsuit in Kentucky contesting McConnell's election results and refusing to seat him tomorrow. Of course, they're thick and dull and will manage to get rolled on this once again.
Posted by: pinson on January 5, 2009 at 2:57 PM | PERMALINK
The gist of the MN supreme court decision is that there's nothing wrong with the law and there's nothing wrong with the process--so let it play out.
Coleman probably does have sufficient grounds to argue for counting more rejected ballots in any contest proceedings. However, to make up the difference, he's going to have to get some of Franken's votes tossed out and that will be very hard to accomplish.
Posted by: Quaker in a Basement on January 5, 2009 at 2:59 PM | PERMALINK
Damn activist judges! Why don't they do what the people clearly intended, which is to have activist judges select Republicans.
Posted by: walt on January 5, 2009 at 3:07 PM | PERMALINK
Unanimous opinion from the Minnesota Supreme Court? Hummmm, I wonder if they are sending a message? I have a hunch they will dispose of anything Coleman throws at them in record time.
As to the Senate Republicans this is the time to use the nuclear option, or at least take the Senate to the matresses. Harry, if you won't stand up for an elected Democratic Senator, what will you stand for?
Posted by: Ron Byers on January 5, 2009 at 3:27 PM | PERMALINK
Coleman knows he's toast, so he's working on his lasting legacy. Given the corruption charges looming against him, sore loser has a nicer ring than than convicted felon.
Posted by: JoeW on January 5, 2009 at 3:32 PM | PERMALINK
"a wildly misleading editorial in today's Wall Street Journal"--you are being redundant. All you need say is "an editorial in the WSJ." Any person of intelligence and discernment will supply the "wildly misleading" on her or his own.
Posted by: seriously on January 5, 2009 at 3:51 PM | PERMALINK
I was hoping "Purple People Eaters" was a reference to a political movement devoted to empurpling previously Red states. But maybe it is after all.
Posted by: ericfree on January 5, 2009 at 4:01 PM | PERMALINK
I was hoping "Purple People Eaters" was a reference to a political movement devoted to empurpling previously Red states.
Not exactly . . .
http://www.profootballhof.com/hof/member.jsp?player_id=171
Posted by: rea on January 5, 2009 at 4:05 PM | PERMALINK
Coleman will be indicted soon on corruption charges so this outcome is simply best for the fine people of Minnesota.
Posted by: Sam Simple on January 5, 2009 at 4:06 PM | PERMALINK
I like the idea of putting some sort of legal action contesting McConnell's reelection and then making him sweat to keep his seat. And who knows? Maybe something will turn up showing that he in fact lost.
Posted by: Texas Aggie on January 5, 2009 at 5:19 PM | PERMALINK
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Posted by: G on January 5, 2009 at 6:23 PM | PERMALINK
the Minnesota legal precedents at this point favor Franken. However I think that if Coleman does contest then it goes into a factual court process... as oppposed to a procedural one up till now. I think the MN Supreme Court will eventually rule in Frankens favor, and since a Senate seat is a state electoral matter the SCOTUS should also keep out of it... but then...
Nate Silver rightfully disemboweled the WSJ editorial on his blog ...
Finally as Minnesotan... this is Paul Wellstone's seat and it is justice that it now will be held by another fighting Democrat.
Posted by: leftymn on January 5, 2009 at 6:23 PM | PERMALINK
Nate Silver also gave a great summary of Coleman's political career.
"in his career running for statewide office, Coleman has lost to a professional wrestler, beaten a dead guy, and then tied a comedian."
Posted by: tomeck on January 5, 2009 at 8:18 PM | PERMALINK
Those old enough to remember the PPE, might wish to note that Robert R. Thomas --- yeah,that Bob Thomas, is a member of the Illinois Supreme Court, and a former Chief Justice.
Of course, he didn't do a lot of tackling in his day, but still . . .
Posted by: barry on January 6, 2009 at 12:04 AM | PERMALINK