Franken makes case to be seated before Supreme Court

Al Franken should be allowed to serve in the U.S. Senate while a legal contest over the results of the election is heard in state court. That was, in essence, the argument made by Franken’s lawyer in a hearing before the Minnesota Supreme Court this morning.

Attorneys for Norm Coleman and the State of Minnesota countered that state law explicitly provides for an election contest such as is currently underway and that there’s no justification for certifying a winner until that process is completed.

“Minnesota has made a determination that when it comes to the question of who has won it’s important to take the time to get it right,” said James Langdon, representing the Coleman campaign.

“There are legitimate, serious issues to be determined by the contest court and it is in the business of doing so right now.”

The justices seemed skeptical of the Franken campaign’s arguments. They questioned both sides vigorously,  however, often interrupting their arguments.

Justice Christopher Dietzen noted at one point that both campaigns have flip-flopped on which votes should be included in the final tally. “I don’t think the hands are clean or pure on either side of that,” he said.

Elias brought up the ongoing debate over the federal stimulus package to make a case that Minnesota needs to have two senators representing its interests in Washington.

“The perfect cannot be the enemy of the good,” he said. “The nation’s business is going on as we speak. … For want of a vote a stimulus package may be lost.”

The Supreme Court was reduced to just four members for the hearing. Justices Eric Magnuson and G. Barry Anderson have recused themselves from cases involving the U.S. Senate race because they served on the state Canvassing Board, which oversaw the manual recount and certified Franken the winner by 225 votes. Justice Helen Meyer was not present for oral arguments but will participate in the case. There was no indication when the court might rule on the matter.

Related: Unless Franken gets temporary certificate, Senate seat could stay empty 5 months