Justices Magnuson and Anderson will not hear Senate contest appeal

Minnesota Supreme Court justices Eric Magnuson and G. Barry Anderson will recuse themselves from any appeal in the U.S. Senate contest. The two justices were part of the five-member canvassing board that oversaw the statewide manual recount and determined that Al Franken won the contest by 225 votes.

Because of this conflict, Magnuson (pictured) and Anderson have removed themselves from previous hearings before the state’s top court. John Kostouros, Communications Director for the state’s Court Information Office, confirms that they are expected to withdraw from any hearings going forward.

“They’ve indicated from the beginning that they would recuse themselves from any further activity in this one because they served on the panel,” Kostouros says. “They’ve made it clear to me that they intend to stay out of this.”

The absence of Magnuson and Anderson from any appeal deliberations is potentially another blow to Norm Coleman’s (already slim) prospects at prevailing in the state courts. Both justices were appointed by Republican governors.

Following the addition of 351 ballots to the vote tally yesterday, Franken’s lead has grown to 312 votes. The three-judge panel hearing the Senate contest is expected to issue a ruling shortly. Coleman has vowed to appeal the matter to the state Supreme Court.