Editore"s Note
Tilting at Windmills

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June 29, 2009

ENDGAME IN MINNESOTA?.... Most analysts seem to agree that the Minnesota Supreme Court will, one of these days, rule against Norm Coleman. At that point, the former Republican senator may very well try to keep the process going, taking his case to the federal courts.

Will Al Franken's victory be certified after the state court's ruling, regardless of Coleman's next move? Maybe.

Governor Tim Pawlenty (R-Minn.) said Sunday he has no plans for further delay in certifying the results of the state's disputed U.S. Senate election so that Republican Norm Coleman can pursue a federal court challenge.

Pawlenty told CNN that he would abide by whatever ruling the Minnesota Supreme Court makes in the contest, where Democrat Al Franken appears to have an upper hand.

"I'm prepared to sign [the certification] as soon as they give the green light," Pawlenty said. "I'm not going to defy an order of the Minnesota Supreme Court. That would be a dereliction of my duty."

Pawlenty said he had no plans to slow up the process to allow federal litigation to play out, but would abide by any federal court stay Coleman might obtain. "If that doesn't happen promptly or it drags out for any period of time, then we need to move ahead," Pawlenty said.

This sounds fairly encouraging for those anxious to see this matter resolved, but like Dave Weigel, I'm not sure what Pawlenty means by "green light." It's certainly possible, for example, that the Minnesota Supreme Court will reject Coleman's claim, but not specifically order the governor to certify Franken's victory. Indeed, by saying he won't "defy an order," Pawlenty made it sound as if he'll wait for specific instructions, and won't necessarily act before.

In other words, the state court ruling may not resolve the matter, as far as Minnesota Republicans are concerned.

Steve Benen 9:55 AM Permalink | Trackbacks | Comments (21)
 
Comments

I'm for calling up Harry Reid and urging him to seat Franken, NOW. And for calling both of your Senators and telling them the same thing. Sixty Democratic votes, plus Joe Biden, could eliminate any need for "bipartisanship" (aka Republican date rape) and finally permit the Congress to enact a progressive agenda.

We ought to encourage them to do that, too.

My humble opinion.

Posted by: Zandru on June 29, 2009 at 9:57 AM | PERMALINK

Never! I will fight Franken on the beaches. I will fight him in the Commons. I will never give up until my last falafel has been hurled.

Posted by: BillO the Braggart on June 29, 2009 at 10:05 AM | PERMALINK

I'm afraid you're reading the tea leaves if you think Pawlenty said anything other than "more of the same". I saw the interview with CNN's John King, and Pawlenty was very quick to counter his statement "I'm not going to defy the MNSC" with "unless there's a federal court stay".

Would it be any surprise that Pawlenty and Coleman are in regular contact? Surely any MNSC judgment against Coleman will be quickly countered by a federal court appeal in the district deemed to be friendliest to Coleman. Pawlenty knows this, and is merely providing plausible deniability. These guys aren't going down without more of a fight.

Posted by: Stetson Kennedy on June 29, 2009 at 10:15 AM | PERMALINK

I agree, Pawlenty is saying he will not defy a Supreme Court order but this does not mean he will sign in the absence of such an order.

Pawlenty is running for President in 2012. It is clear he thought he was a VP candidate for 2008. He has decided to not run for re-election in 2010 so he can devote himself to 2012. His behavior is calculated to appeal to the Republican primary voters.

Posted by: VOR on June 29, 2009 at 10:17 AM | PERMALINK

It seems to me that the Minnesota Supreme Court would seek to expedite this matter. They seem to be doing the opposite. All this speculation is boring. What's taking them so long?

Posted by: Chris on June 29, 2009 at 10:24 AM | PERMALINK

Yeah, I recall the conventional wisdom was that the MNSC would rule by the middle of June. That's 2009, right?

Posted by: hells littlest angel on June 29, 2009 at 10:30 AM | PERMALINK

What's taking them so long?

They want a unanimous decision that doesn't leave so much as a crack for Roberts, Scalia, Alito, Kennedy and Thomas to get a crowbar into.

I'm guessing the opinion is written, but not unanimous, or that there's a hangup on an instrumental issue, like whether the court should, or can, issue a writ of mandamus ordering Pawlenty to sign the certificate.

Posted by: Davis X. Machina on June 29, 2009 at 10:30 AM | PERMALINK

It is obvious that Republicans enjoy making a mockery of our Constitution and democratic institutions. They care more about themselves and their party than the people they are supposed to represent.

Speaking of "dereliction of duty", how is that other failure of a governor from South Carolina doing?

Posted by: Marko on June 29, 2009 at 10:31 AM | PERMALINK

It is a frustrating time in MN. On the one hand, the MN Supreme Court is taking forever to make their ruling, so we continue to have only one senator. WTF are they doing, taking so long?

Our state has become simply a stage on which Pawlenty can position himself for his presidential run. You can interpret his comment in that light. When he says, "I'm prepared to sign [the certification] as soon as they give the green light...I'm not going to defy an order of the Minnesota Supreme Court. That would be a dereliction of my duty." You can interpret that as code for "I'll stall as long as I can, national handlers."

And the choice of words...."Dereliction of my duty"...oooh, shivers of pleasure must run up and down the reactionary spine. He's so cute AND he's an authoritarian.

Posted by: PTate in MN on June 29, 2009 at 10:34 AM | PERMALINK

Surely any MNSC judgment against Coleman will be quickly countered by a federal court appeal in the district deemed to be friendliest to Coleman.

Minnesota only has a single United States District Court.

Posted by: Just Dropping By on June 29, 2009 at 10:43 AM | PERMALINK

One district, but several divisions, like Maine, no?

Posted by: Davis X. Machina on June 29, 2009 at 10:47 AM | PERMALINK

Maybe the people of Minnesota will take to the streets; while they're there they also can burn effigies of Michelle Bachman??! The Untied States of Arrhythmia, more and more like a banana republic.

Posted by: Gallop Trollop! on June 29, 2009 at 10:52 AM | PERMALINK

The liberal media would have driven Franken to end his court challenges and concede the election months ago. But they're cool with allowing Coleman to make a mockery of the democratic process and extend the fight indefinitely while offering very little criticism of his conduct.

A case study in IOKIYAR.

Posted by: Screamin' Demon on June 29, 2009 at 11:00 AM | PERMALINK

Politicalo skulduggery at its worst.

If the situtation were reveresed with Franken filing continuous appeals to extend the contest, Pawlenty would have certified the election in a New York minute.

The Republican minority would have demanded that Coleman be seated, and Reid would have used his position to overide Democratic resistance.

Posted by: Winkandanod on June 29, 2009 at 11:01 AM | PERMALINK

Pawlenty is positioning himself for 2012. Doesn't he realize that saying that out loud, even in the bathroom, means he will get caught in an extramarital affair?

Posted by: mlm on June 29, 2009 at 11:20 AM | PERMALINK

Is Vegas taking bets as to how many hours, days, weeks, or months it will take these Republican thugs to sign the certification document, once it's there on the desk with a pen lying on top of it?

Posted by: Capt Kirk on June 29, 2009 at 11:52 AM | PERMALINK

They want a unanimous decision that doesn't leave so much as a crack for Roberts, Scalia, Alito, Kennedy and Thomas to get a crowbar into.

Impossible. They'll make up whatever shit they want and the media will let them get away with it.

Posted by: Anonny on June 29, 2009 at 12:12 PM | PERMALINK

I'm for calling up Harry Reid and urging him to seat Franken, NOW. -Zandru

That's like asking a spineless, bloviating, blob of worthless pig spit to lead the Senate. But I repeat myself.

Posted by: doubtful on June 29, 2009 at 12:27 PM | PERMALINK

I'm sure when this case reaches the US Supreme Court (and before Sotomayer is confirmed), they will rule for Coleman by using the vote count retroactive to when Coleman was "leading" since to allow time for an accurate accounting by a state is considered judicial activism.

Posted by: Chopin on June 29, 2009 at 1:04 PM | PERMALINK

I found myself wondering if Franken will get back pay when he's finally seated.

That'd really rub salt in the GOP wounds!

Posted by: zak822 on June 29, 2009 at 2:14 PM | PERMALINK

Can you imagine what the Repubs would be screaming if Coleman had won?

Posted by: Glen on June 29, 2009 at 7:16 PM | PERMALINK
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