Senate Republicans advise Norm Coleman to make a federal case out of his election contest, if that’s what he wants to do. But one legal expert says he’d only be wasting his time.
The Hill asked eight Republican senators what their former colleague from Minnesota should do, now that the election-contest court ruling indicates he’ll fail to overtake Democrat Al Franken’s 225-vote recount lead. Here’s a representative sample, from Sen. Bob Corker (R-Tenn.):
Norm is a very sensitive, thoughtful person and whatever Norm is doing I’m sure he believes is exactly the right thing to do and I support that.
The eight take a remarkably similar line on Coleman’s options: An octopus could tally their reasons on one leg. It’s almost as if there had been a meeting to settle on talking points. Sen. Orrin Hatch (R-Utah), a veteran on the senate’s Judiciary Committee, was the only one to elaborate much on the theme, with a partisan jab on Minnesota’s vote-counting that even Coleman has lately shied from:
There are very important issues involved — constitutional issues — and I have no qualms about saying that if he can, he ought to push it all the way. We’re so sick and tired of having one set of rules for Democrats they don’t abide by, and then another set of rules for Republicans. The Democrats didn’t count the ballots the way they should and they didn’t put the protections in that they should. It was the Republicans who were better at counting ballots and doing what was right and following the law. … It’s always good to have two senators, but not when one may not be entitled to the position.
Talk like that has succeeded so far in sending out a cloud of ink, some observers say, obscuring the press’ vision and forestalling media from calling out Coleman as a “sore loser.”
But assuming Coleman comes up empty in state courts, one expert says it’s close to pointless for him to pursue a different result in federal courts. Loyola Law School professor Richard L. Hasen writes that the federal judiciary — whether at the U.S. Supreme Court or in district court — won’t likely buy what Coleman’s got to sell.
At the Supreme Court, “the equal protection argument is very unlikely to succeed,” in Hasen’s judgment. And he says “it is hard to see viable federal issues” for such an argument should Coleman file a separate federal court case.
Due process, Hasen writes, “is one other possible claim, and it too is a long shot.”













8 Comments »
Comment posted April 5, 2009 @ 3:19 am
An open letter to Norm Coleman: Concede.
Dear Mr. Coleman,
In a short time, the three-judge panel will make some announcements. They will find that the Minnesota Senate election was sound, and that Al Franken won it.
It’s time to throw in the towel. You lost the election in Minnesota to Al Franken. You should concede, and cease further legal challenge…
read more at
http://nihilix.blogspot.com/2009/04/letter-to-norm-coleman-concede.html
Comment posted April 5, 2009 @ 6:32 am
I am ammazed at Hatch’s assertions about our election process. How do they do it in Utah? I doubt that their system is much different. As to the assertion that Democrats have run this process, that is hilarious to us Minnesotan’s who really know the facts. Any objective look at how this recount process has been done, shows the transparency, and bi-partisan participation at every stage. If the court rules in Franken’s favor on this re-count, Coleman should concede, and allow him, Franken, and, the state of Minnesota to move on.
Comment posted April 5, 2009 @ 10:47 am
Dear Sen. Bob Corker (R-Tenn.)
obfuscate, denigrate and complicate.
That’s republican values.
PS The same republikan party that brought us 1 trillion dollar deficits not counting the Irag war which you and your enables allowed to be “off budget”.
Gimme a break.
Comment posted April 5, 2009 @ 1:02 pm
One rule for Republicans and one for Dems….
Republicans…have the Supreme Court decide regardless of the popular vote totals
Republicans…go thru the voter lists and see how many can be eliminated.
Democrats…fight for voter registration in all economic classes
Democrats…Concede when it appears that the process will become too destructive.
As to the Senate Republicans advising their loser candidate, If I were a Missourian citizen I would resent the idea that some outside politician is going to weigh in on my election. I’m sure that if the Democrat senators got involved in their election they would cry foul.
Mr. Coleman lost the election. If he does not bow out now, he will lose the public opinion poll too.
There is a point where the only smart answer is gracious retreat.
Comment posted April 5, 2009 @ 2:35 pm
Mr. Hatch has worked with fellow Republicans who have manipuated and distorted law for foul partisan purposes, he has lost his moral compass and bearings.
A columnist recently speculated that Mr. Coleman will run out the string on legal appeals in order to land an insider lobbyist job that pays enough for him to catch up on his considerable personal debt.
It is just cynical enough to be true about some Republicans lately. If Mr. Coleman thinks it is a good idea to leave Minnesota without a Senator as long as necessary so he can get better pay in his next gig, he better be leaving the state for good. Screwing fellow citizens that way for personal gain won’t be applauded or appreciated by any decent neighbor he has here
Pingback posted April 5, 2009 @ 6:30 pm
[...] MN: GOP senators tell Coleman to make a federal case out of it; expert nonplussed http://minnesotaindepend…an-federal-supreme-court [...]
Comment posted April 6, 2009 @ 1:21 pm
Mr. Coleman is doing precisely what his RNC handlers are telling him to do: Stall and delay. The longer the Dems are without the additional senator, the easier it is for the Repubs to block and interfere with Dem’s efforts.
Mr. Coleman no doubt expects to receive benefit from doing his masters’ bidding. I suspect he hopes for an impressive position in the RNC for his ‘loyalty’. This is similar to his dropping out of the Governor’s Race when he was told to by Cheney’s people. He received a heck of a lot of support from the RNC for his Senatorial run.
Sadly, Mr. Coleman is causing increasing harm by his actions; not only to Minnesota, but to the USA by his actions. IMHO, his ‘political capital’ is passing zero and rapidly moving into the ‘political liability’ region.
Comment posted April 6, 2009 @ 5:50 pm
GOV PLENTY to People of Minnesota: Screw-YOU; I intend to LET FEDERAL courts DECIDE!
Never thought I’d LIVE to see the day when this Sovereign State’s Elected LEADER would BACK his OWN (corrupt) political party OVER THE PEOPLE OF this STATE who elected him. IF Minnesota’s own GOVERNOR PLENTY does NOT support our STATE’S JUDICIARY … WHY is HE still IN OFFICE? The People of the Sovereign state of Minnesota cast their ballots in a FAIR & HONEST election. Like ALL ELECTIONS, none is perfect; there are flaws –just as there are FLAWS in human beings. BUT for the past TWO HUNDRED-PLUS years, THOSE FLAWS have always been considered to BALANCE OUT each other. THAT IS, until recent elections SHOWED THE PEOPLE voting AGAINST the Republican Party.
NOW, the People get ROYALLY (republicanly) SCREWED by having their votes SET ASIDE and LITIGATED until hell FREEZES OVER! BY WHAT RIGHT do these party HACKS interfere with the elective process –AND cast aspersions on this state’s elected/appointed/hired officials who fairly DETERMINED our results? NOT one instance of fraud or deception has been found! NOT ONE.
THIS was a righteous election whose outcome SHOULD BE DETERMINED by Minnesotans -NOT GOP party hacks!
RECALL THE GOVERNOR if he refuses to honor the MINNESOTA COURTS’ decisions
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