FDL’s good friend Howie Klein of DownWithTyranny! caught something interesting over the weekend: Namely, that Minnesota State Supreme Court Justice Christopher Dietzen, a Pawlenty appointee and someone who may be the court’s most partisan member, has donated thousands of dollars to Republican candidates — including, as Senate Guru notes, two donations to Norm Coleman – as well as to the RNC. This raises the question of whether Dietzen should follow Eric Magnuson’s lead and recuse himself from the contest.
Meanwhile, the StarTribune’s Pat Doyle has a rather peculiar article which starts out by pushing the possibility of Norm’s taking the case to the US Supreme Court — but if you read all the way to the end, you discover that, even should the USSC decide that it really is a "state court" (which seems unlikely in the extreme), it’s almost certainly not going to take the case anyway, for various reasons mentioned. But the most important reason isn’t mentioned, and that’s what our commenter Sara has pointed out: Namely, that since the entire recount process has stayed well within the bounds of the precedents set by Andersen v. Rolvaag, which is settled law all the way up to the US Supreme Court, there’s no toehold that Coleman’s lawyers can use to justify revisiting Andersen v. Rolvaag via a Federal appeal. For that reason, the US Supreme Court is likely to flat-out refuse the case. (By the way, Sara has another good comment here, this time on some of the possible behind-the-scenes reasons why Norm isn’t in a big hurry to return to private practice.)
Now, there is a chance that Norm’s people could try to get a US Supreme Court justice to issue a stay that prevents the Minnesota Supreme Court from ordering Pawlenty and Secretary of State Mark Ritchie from signing Al Franken’s election certificate; most ominously, the USSC justice that covers Minnesota is none other than Samuel Alito, Antonin Scalia’s Mini-Me. But again, that would come perilously close to interfering in settled case law, and would be very difficult for even the extremely partisan Alito to justify. Nevertheless, it can’t be ruled out just yet.
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Why should Dietzen recuse himself? Everyone knows Supremes at ANY level can make a fair and unbiased ruling despite any political or economic activity from them as citizens! How dare you suggest that there might in any way be anything improper about Dietzen sitting in judgement on a case that he himself has contributed to making? How dare you!!!1!!one!1! /sarcasm
Frightening thing is that there doesn’t appear to be any way to force recusal in cases like this. Its purely an honor system (which all to frequently shows no signs of “honor” at all).
Is there any indication Dietzen has been anything but a fair jurist? I’d hate to start getting into the same territory the conservatives operate in by condemning someone over who they associate with as opposed to their actions.
The jury’s out on this. Senate Guru thinks there’s evidence for Dietzen’s being dangerously partisan; Jeff Fecke, a local blogger and keen observer, thinks there really isn’t.
Judges are under an obligation to avoid the appearance of impropriety. If Dietzen votes in favor of Coleman, it has the appearance of impropriety.
It doesn’t matter if Dietzen really, really, REALLY, believes that the law favors Normie, he made his preference clear with campaign contributions. That creates the appearance of impropriety. So Dietzen should go, of his own accord. ‘nuf said.
please note, nobody has to make any actual accusations here, cuz the intent isn’t just to avoid a conflict of interest
the point is to avoid ANY APPEARANCE OF A CONFLICT OF INTREST
nobody is asking a Judge to try to be fair in a case where he has an obvious conflict
we’re telling the judge to BUTT THE FUCK OUT BECAUSE HE HAS THE APPEARANCE OF A CONFLICT OF INTREST.
If he wants to argue that point, THEN we question his integrity and morals
see how that works
either you AVOID THE APPEARANCE of a conflict of interest and recuse yourself
of we KNOW you’re a corrupt and dispicable human being
it’s THAT FUCKING SIMPLE
there ain’t no “you can trust me” exemptions eiither
and fucker who says “trust Me” is a fucking slime ball crook
dems da rules
read em
know em
live em
Alito will issue a stay, just to make his bones with his Bush v Gore courtmates. Since he wasn’t around in 2000, this gives him a chance to prove his bona fides to the corporatists.
Watch for it.
Dugg right here!
And Digg Howie’s right here!
How could Normie possible prevail? Is he alleging that he had more votes? That his votes were no counted? That something was unfair about the election? This is nothing but jerking the people around. Obviously our system is severely broken.
If we had TERM LIMITS Normie wouldn’t even be around to kick.
While you read (specifically in re):
Alito is the one mope at the Supremes that actually might do it.
Boy Teddy you have been put your shovel to good use today!!! So of course I Dugg your Digg!
Normie needs to pick up his marbles and go quietly into oblivion where he belongs! He is just punishing the people of his state, he is showing just how much of an asshole he is!
Strip-search Sammy sez “I am too a big swinging dick!”
Watch it happen.
OT but well worth the time..
From Huffington post..
David Buckner Faints, Passes Out Live On “Glenn Beck” (VIDEO)
Court gives it to Franken!
Well, not quite. Thankfully, Norm is a one-term senator. This is the first time he’s run for re-election.
And he only won six years ago when Paul’s plane went down. RIP. He was going down to certain defeat when the Wellstones perished. Precious little good has happened since that day.
AND THE KILLIN’ GOEZ ON AND ON AND…
Citizen Phoenix Woman and the Firepup Freedom Fighters:
I am beginnin’ ta think that the fascists are jest keepin this election “contest” goin’ in order ta keep poor Norm outta jail fer Christ’s sake!! But seriously, don’t you worry that Governor Smiley Face is smart enough to call for an end to the contest, sign the certificate of election and begin to lead a “moderate” Republican movement in the midwest that at least will save him in the re-election fight he’s got comin’? I think he would take the “moderate” Republicans out of the Independence Party and make ‘em a real problem for the DFL and begin to build a real national base too…maybe this is too rational and maybe the crypto-Nazis are all in with this overthrow democracy thing they got goin’ on and will self-emolate on April 15.
KEEP THE FAITH AND PASS THE AMMUNITION, FASCISTS ARE NOT GOOD FOR CHILDREN AND OTHER LIVING THINGS!!
Fuck yes! Here’s the pdf of the ruling.
Meanwhile, the StarTribune’s Pat Doyle….
hey, that’s the guy who interviewed me….
The Uptake confirms…
“Franken received the highest number of lawfully cast ballots in the November 4, 2008 general election for United States Senator for the State of Minnesota and is entitled to receive the certificate of election.”
Wooooo!! Hoooo!!
I’m starting to scan through the ruling, and they seem to be very thorough in debunking Equal Protection, so perhaps no USSC appeal??
Phil Spector Found Guilty of Murder
It is about Time!!
“Contestants have failed to establish their Equal Protection claim”
“Cost of the contest must be paid by Contestants, and Contestee and the Court shall prove up the applicable costs by affadavit after all proceedings in this matter are concluded, and
For the reasons stated in the Court’s order of March 2, 2009, imposing a sanction on Contestants, Contestee is awarded his reasonable costs and attorney’s fees in connection with the Contestants’ failure to disclose, such costs and fees to be proven by affadavit.”
Keith is still out. Schuster subbing again.
And even the AP agrees: Minn. court declares Franken leading vote-getter
Time for Pawlenty to sign the certificate.
Time for Coleman to go plan teabagging parties with “Dick” Armey and Roger Ails-us and the rest of the republiscum wing of what used to be something.
this is one of the parts I like most. Send the bill to Normie.
“Errors or irregularities identified by Contestants in the General Election do NOT violate mandates of Equal Protection.”
What a piece of good news!! Where is Barbara? We need to celebrate and start talking about the other Coleman case….the one that talks about Neiman Marcus. What a great day.
There is considerable discussion of Bush v. Gore and how 1. the ruling itself says it provides no precedent, and 2. that the circumstances in Bush v. Gore are not similar.
“The November 4, 2008 Election Resulted in a Fair Expression of the Voters of Minnesota”
Suck on that, Normie, Cornyn, McConnell, et al.
God we need good news. Here in TX the Obama group has started a new listening tour. A couple of Teabaggers have signed on with there locations & agenda….likely to be scrubbed from the site pretty soon. What nerve.
Nor would most of the Senate and House members.