Minnesota Justices set Senate appeal dates »

Posted By scott4261 7 months, 1 week ago in Political News

Five justices chose to hear the argument on a schedule that is closer to Coleman's timetable than Al Franken's.

By BOB VON STERNBERG, Star Tribune

Minnesotans won't know who their second U.S. senator will be until at least June.

On Friday, the state Supreme Court set June 1 as the date for oral arguments in Norm Coleman's appeal of the election trial that concluded April 13 with Al Franken on top by 312 votes. The Senate seat has been vacant since early January, when Coleman's term ended with the race unresolved.

The Supreme Court schedule, set by the five justices who will hear Coleman's appeal, tracks his proposed timetable rather than a speedier one proposed by Franken.

The court wants Coleman's brief no later than Thursday, and Franken's reply brief by May 11. Coleman then will have until May 15 to file his response.

Although the court didn't adopt Franken's schedule, the timeline it has laid out is plenty fast for a civil case, said Peter Knapp, a professor at William Mitchell College of Law in St. Paul. He said the justices want to give both sides enough time to develop their best arguments, and they also want enough time themselves to digest the thousands of pages of transcripts and exhibits from the recount trial.

"This, I think, is an example of the court doing what it's been charged to do, which is to take this case as quickly as is reasonable," Knapp said.

Coleman campaign spokesman Tom Erickson said the candidate's lawyers "are pleased that the court has granted an appropriate amount of time to prepare for this historic and consequential case."

In a statement, Franken attorney Marc Elias said he was grateful for the expedited schedule. "We look forward to the process continuing to move forward so that Sen.-elect Franken can be seated as quickly as possible," he said.

After Franken emerged from the Senate recount with a 225-vote lead, Coleman filed a lawsuit contesting the result. That trial concluded with the ruling last week.

Coleman then appealed to the state Supreme Court, saying in part that 4,400 absentee voters had their ballots improperly rejected.

Two of the court's seven justices apparently will recuse themselves from the appeal. Chief Justice Eric Magnuson and Justice G. Barry Anderson sat on the state Canvassing Board that oversaw the recount and have taken themselves off subsequent motions on the election and recount, as well as on the first two orders from the court on the appeal.

Sen. Amy Klobuchar, Minnesota's only senator as the longest election contest in state history drags on, said she was resigned to a longer wait. "I would have liked to have seen it sooner, but the court will do what it must do," she said.

Alluding to the extra work load her office has picked up with the other seat vacant, Klobuchar added: "My poor staff -- I've got to break the news to them."

Coleman's Republican allies in Congress have urged him to take his fight all the way to the U.S. Supreme Court, if necessary. He hasn't ruled out that option.

Meanwhile, the Democratic Senatorial Campaign has launched a website called "It's Over, Norm," that is seeking to gather a 100,000-name e-mail petition calling for Coleman to concede. The committee said it is just 6,000 names short of the goal.
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Star Tribune staff writer Kevin Duchschere and the Associated Press contributed to this story.

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scott4261

I had been spending way too much time on propeller. Some of the recent changes have made it more user friendly.

.....I don't do ...

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  • 93%
    scott42617 months, 1 week ago

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    ....And the Minnesota U.S. Senate seat is still up in the air for a few more months!

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    • 78%
      Poulenc7 months, 1 week ago

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      Well, you can't keep a good man down.

      Not.

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        Spadecaller7 months, 1 week ago

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        Regardless of party or candidate; I am skeptical of the courts being called on to settle election disputes. It seems to only invite more politicization of our court system, which does more to undermine our trust in the process of justice.

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          Ratskii7 months, 1 week ago

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          Looks like I was a little optimistic last January when I said it would probably not be settled till May or June.

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            Jeboba7 months, 1 week ago

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            I can't believe the justices even decided to take up the case! As witnessed with the USSC, politics do make a difference in decisions reached. Which is TERRIBLE for our Republic.

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              berkeley7 months, 1 week ago

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              has pawlenty said he would not certify the result until the minn supremes are done?

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            • 21%
              Commodore17 months, 1 week ago

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              I think Al Franken is a disgrace and a lousy comedian on his best day. He represents everthing I hate about nazi liberals.

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            • 88%
              scott42617 months, 1 week ago

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              It's over, Norm:

              petition:

              http://www.democratsenators.org/o/4/t/90/tellafrie...

              Joe Scarborough:

              http://www.youtube.com/watch?v=IlvX8MBEHbg

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              • 75%
                4thchance7 months, 1 week ago

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                Al Franken really is a great comedian.

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              • 83%
                Tcaros7 months, 1 week ago

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                The remaining Republican numbsculls continue to try and protect Bush. It doesn't matter we'll all wait this one out then bring on the war crimes trials.

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                • 90%
                  Ciera-Marie7 months, 1 week ago

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                  60% of Minnesotans want Norm out. He's not a man of honor. In other words he's not keeping his word. Funny when he first ran against Wellstone that is exactly what he attacked Wellstone on not keeping his word about running again. He lost supporters before that election because after he became mayor of St. Paul, as a democrat (yeah right), he switched parties.

                  He said he would concede defeat if the recount went in Frankens favor. He hasn't done that. In fact if the shoes were reversed he'd be in the news screaming for Franken to stop. Colemans an idiot.

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                  • 100%
                    StevieGee7 months, 1 week ago

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                    Norm Coleman has got to be the biggest crybaby in Minnesota history.

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