On the one hand, Norm’s folks are backslapping themselves, at least in public, over the Minnesota Supreme Court’s decision to accept most of Team Coleman’s proposed appeal schedule. On the other hand, they’ve got to be seriously ticked off in private.
The Minnesota Supreme Court looks to be continuing the Election Contest Court’s policy of making any Federal appeal — which in this case will likely be a stay request to Strip-Search Samuel Alito — very, very difficult to justify. As Bargain Countertenor explains:
I’m disappointed, but not surprised.
There wasn’t that much difference between the Franken and Coleman schedules. One way to read almost every decision that’s come down in this case is that Norm is being given every chance to make his case. He makes his case, and the decision comes back against him. That reduces the grounds for appeal. When his lawyers go whine to Strip-search Sammy, their petition for a temporary restraining order is going read something like this: “Norm lost the election. He’s not happy about that. He appealed it. The Courts ruled that he lost the election. He’s not happy about that, either. So please, pretty please, tell Governor Pawlenty’o’nuttin’ not to sign that election certificate.” Strip-search isn’t going to have anything to hang his hat on.
Remember that by any ordinary judicial standard this case is flying. We’re frustrated because Norm’s merely delaying the inevitable, his candidacy is on life-support but he won’t pull the plug on it.
Another way to view this is that the Court is continuing to hand Coleman rope, and he’s busy fashioning it into a noose he’s placing around his neck. When the trap door opens, he’s dead.
There you go.
I think we can get a glimpse of the court’s feelings* about the case in the fact that oral arguments for both sides will take place in one single hour on one single day, the Glorious First of June. Minn R. Civ. App. P. 134 (thanks to The UpTake’s Noah Kunin for hunting down the link) which is referred to in the order, reads as follows: "In the Supreme Court, the appellant shall be granted time not to exceed 35 minutes and the respondent 25 minutes for oral argument. The appellant may reserve a portion of that time for rebuttal. "
If they really thought there was any new ground to plow in this case, they would have alloted a good deal more time. In fact, by rights they could have simply dispensed with the oral arguments, but again, they are trying to make this sucker as Federal-proof as possible.
Further your affiant sayeth not. (Other than to urge you to help out the fine folks at The UpTake, which is the first place I check for breaking news on this and many other issues. They need a few grand to make it through next month, when they hope to get some upticks in their revenue.)
*Actually, it turns out that this is standard procedure for the MNSC — the only time oral arguments would go longer than an hour total is if counsel specifically requested it. Thanks to gannonguckert for making me go back to double-check this!





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Wow. I missed the one-hour thing, I guess that’s what I get for not going to the Court’s Order.
That’s really a serious slap at Normie.
Mrs. Dr. CounterTenor is a scholar of legal rhetoric. She says that the Court granting you procedural leeway but not giving you the substantive decisions you ask for is a really.bad.sign.
Normie’s had a lot of really.bad.signs lately.
It’s time to say Good Night, Normie.
I guess the one-hour oral arguments is as close to “no oral arguments” as they could come, so that part’s satisfying.
YOU MEAN ITS NOT OVER!!ROFLMAO
30 minutes per side for oral arg is pretty much the standard in state and federal practice in California-based courts…
Saying that the Minnesota Supreme Court is just making sure Coleman has no grounds on which to appeal is entirely unsupported by any evidence that I have seen. I’m not saying that it’s a Republican conspiracy because I haven’t seen any evidence of that either but stating something as fact, like: “In fact, by rights they could have simply dispensed with the oral arguments, but again, they are trying to make this sucker as Federal-proof as possible”, is a stretch at best. It’s speculation and should be clearly presented as such.
aargh….that’s more than a month from now. fwiw, i hate the bastard and all the other bastards who are helping him with his bastardly ratfuck. foul mouth fem bloggers be damned.
Any other Fire Pups at the Ca State Dem Convention
Go to my diary for my email
http://oxdown.firedoglake.com/diary/4952
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The longer this crap drags on the bigger the stick with which to whack the Republican Party in Minnesota.
Fact #1: Coleman has already committed political suicide. His career is over.
Fact #2: If Pawlenty doesn’t sign off on seating Franken after the Minnesota Supremes’ ruling he’ll be dragged to the bottom along with Coleman.
Meanwhile, average Minnesotans must be ready to scream. And when that verdict does come in (and as everyone is already quite aware, Franken WILL prevail), voter frustration will be aimed at Coleman and the Republican Party in general. Meanwhile, this nonsense has raised a significant amount of $$$ for the Democrats there.
Republicans really are tools, but at least they’re *self-destructive* tools. LOL.
The Republican High Road Strategy: Drilling for the Mantle
Thanks, PW
As I observed in the Tedisco/Murphy NY-20 thread:
With Tedisco’s concession, Coleman retakes his numero uno status in the pantheon of republican election fraud kamakazi hookers.
Jim briefly eclipsed Norm when, in the middle of the recount and losing, he lobbied a local judge in the district to declare him the winner contrary to New York State law.
At least now, Norm can accurately represent that he’s ahead … in a race to the bottom of the republican party.
Plenty of geothermal energy down there.
The Supreme Court waits as does the citizenry of Minnesota. A hand well played by Coleman and his Republican cohorts. The unstated goal was always to keep Franken from being seated for as long as possible. In that the Republicans win another battle in the ongoing class war.
Maybe so, but it looks more and more like we are witnessing death throes of the repugnants. At this point I’d guess that the Libertarians outnumber them. At this point probably Pontiacs are getting more sympathy.
Margaret, you have to look at how this case has been handled from the outset by the MNSC, the State Canvassing Board, and the ECC. So far, all the judges involved have done their level best to keep this case well within the parameters laid out by Andersen v. Rolvaag, which is firmly settled case law. Since it was all done per Andersen v. Rolvaag, Norm has no grounds for a successful appeal.
Remember the whole hoo-ha over letting the candidates have a say in the creation of the rules to be used in deciding which rejected absentee ballots were to be counted and which weren’t? I and most other folks were scratching our heads over that decision. But Sara, a longtime FDL commenter and a Minnesotan who was around for Andersen v. Rolvaag, stated that this was exactly what was done for that recount case nearly fifty years ago. And Andersen v. Rolvaag is not only tested and settled law right up the US Supreme Court, but it’s the chief cite used in Bush v. Gore!
I also would point you to three little words used by the Election Contest Court in their judgment on the contest: “Dismissed with prejudice”. That was not good news for Norm Coleman.
Yeah, you’re right — I went and re-read Rule 134 and the only time the orals go longer is if counsel requests it at the prehearing. Will update accordingly!
We need the Franken vote asap in the Senate. What are the chances of the Minnesota Supremes making their decision by the Fourth of July?
When Coleman finally loses everything by way of the supreme court and is forced to pay up for Mr. Franken’s extensive legal cost, How quickly will Norm Coleman declare Bankruptcy?
I agree that your conclusion is logical and fits the current circumstances and your analysis is a concise and accurate representation of the facts as I understand them. I also desire greatly for Senator Franken to take his seat, even though I’m about as far from Minnesota as it’s possible to be and still be in the lower 48. That doesn’t make your conclusion any less like speculation or anything that I said invalid. I like your posts and always have, so when I make the effort to comment, it is with the sincerest desire to add something that I think needs to be pointed out. Thanks you for your response.
It’s speculation, but it’s speculation informed by knowledge. Every legal decision in this case has gone Franken’s way. Virtually every procedural decision in this case has gone Coleman’s way. Judges ordinarily like to appear to be even-handed on procedural rulings, but they’ve generally ruled in Coleman’s favor on procedural things like due dates and schedules.
Also, judges hate to be overturned by anyone. They especially hate being overturned and told they have to go back and do it again. The result is that they tend to be very careful about appeal-proofing their rulings. The ECC went way out of their way to appeal-proof this sucker. Procedurally, pretty much anything Coleman asked for that was permissible, he got.
I’m not saying this is a done deal in the MNSC. But the ECC very carefully stayed inside the lines of Minnesota’s election laws, and unless Alan Page and Company decide they want a whole new set of election laws, it’s stare decisis time.
I wish I shared the optimism of Bargain Countertenor but I cannot help thinking that no matter what the Minnesota Supreme Court decides, once it comes before SCOTUS, Norm Coleman is back in office.
I know this is way EPUd, but I had to share a great MN-Sen cartoon, especially for Monty Python fans.