U.S. Senate contest: Coleman prepares supporters for long battle

By Paul Demko
Thursday, April 02, 2009 at 4:29 pm

coleman21The end is near in the U.S. Senate contest. Or maybe it’s not. Roll Call reports today (subscription only) that Norm Coleman scheduled a pep rally for this afternoon with supporters in Washington to reassure them that he’s still on strong legal ground despite numerous indications that he will lose the ongoing contest in state court. The former senator was reportedly joined by attorney Ben Ginsberg. Roll Call reporter David Drucker got his hands on a memo from the Coleman camp laying out their rationale for continuing the fight:

Among the talking-points memorandum’s main arguments is that Tuesday’s decision — along with previous rulings by the three-judge panel — disenfranchises thousands of Minnesota voters, leaving Coleman no choice but to pursue his challenge to the state Supreme Court, regardless of the additional rulings that are expected in the coming days from the same panel.

“We intend to pursue appropriate appeals if necessary to ensure that Minnesota voters are enfranchised and given full protection of their rights,” reads the memo.

But while Coleman appears ready to bunker down — an attitude undoubtedly applauded by the Republican leadership — The New Republic’s Jason Zengerle argues that the interminable electoral dispute is nearly over. He sees little chance that Coleman’s legal machinations will be successful:

Even if Coleman appeals the Minnesota Supreme Court’s ruling to the U.S. Supreme Court–which he is entitled to do–it’s doubtful the highest court in the land would hear his case. That’s because, with the exception of Bush v. Gore and a 1972 case brought by a defeated Indiana Senate candidate named Roudebush, the Supremes don’t like to muck around with electoral recounts, and Coleman’s case doesn’t appear to raise any compelling constitutional issues. So, in other words, once the Minnesota Supreme Court rules in Franken’s favor, as almost everyone expects it will, the game will be up and Mr. Franken will go to Washington.

Of course the wildcard is Gov. Tim Pawlenty, and whether he will sign an election certificate once the state courts have wrapped up the contest. As Politico reported this morning, Republicans are pressuring him to withhold his signature until all legal issues have been settled — a move that would undoubtedly endear him to the GOP base, but potentially imperil his future political prospects in Minnesota.

Comments

3 Comments

Eric Ferguson
Comment posted April 2, 2009 @ 4:47 pm

If anyone thinks mucking around with senate seats is risk-free for governors, I have two words for them: Wendell Anderson.


EK
Comment posted April 2, 2009 @ 5:01 pm

How do you enfranchise Minnesota voters by holding up the court-affirmed result of an election?

The State Canvassing Board has declared Franken the winner. The three member judicial review panel has upheld that result. The State Supreme Court will do the same. Pawlenty’s party line toadying is almost irrelevant. Yes, he could sign an election certificate, but maybe we should just let him hang himself politically by letting the Republican National Committee march him off a cliff to the tune of a tin whistle.


mill
Comment posted April 2, 2009 @ 10:39 pm

Partisanship by national Republicans is not serving the state’s interests very well. Whom ever wins the final tally next week, it should end with the 3 judge panel’s decision, in my view.

If Governor Pawlenty refused to sign after the Mn court process was completed in Mr. Franken’s favor, he really will have a hard time selling that delay as serving the public interest, and will surely pay a political price.


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