Yesterday’s ruling by a three-judge panel declaring Al Franken the victor by 312 votes in the U.S. Senate contest leaves Norm Coleman on precarious legal ground. The former senator has vowed to appeal the decision to the Minnesota Supreme Court, and hinted at a federal court contest, but it’s clear that his chances of prevailing are now exceedingly slim.
Rick Hasen, a professor at Loyola Law School, lauds the the “careful, unanimous” ruling of the three-judge panel on his blog. “It makes findings of fact and conclusions of law that on first read appear reasonable and conservative,” Hasen writes. “The opinion considers the major arguments made by Coleman and rejects them in a detailed and measured way. It is the kind of opinion that is unlikely to be disturbed on appeal by either the Minnesota Supreme Court or the United States Supreme Court.”
Nate Silver, over at FiveThirtyEight, declares that Coleman’s prospects for prevailing have now reached “Calista Flockhart territory.” Silver also comes up with an estimate for how much the former senator might be spending to keep the legal fight going. His (admittedly imprecise) conclusion: $145,000 per week.
While the numbers guru figures Coleman’s odds of prevailing in the courts are incredibly slim, he also doesn’t see too many other options for the Republican politically. “His best bet might be to wait until 2014, when Franken would be up for re-election, but six years is a lifetime in politics,” Silver concludes. “Although Coleman’s chances of prevailing in his legal case are not very strong, they may be better than his next-best alternatives.”
NBC News’ First Read blog is equally dismissive of Coleman’s prospects. “We’ll say it again: The question increasingly is no longer whether Al Franken will be the next U.S. senator from Minnesota; it’s when he’ll be the next senator.”
Not surprisingly, Tim Kaine, chairman of the Democratic National Committee, called on Coleman to concede.
“Enough is enough,” Kaine said in a statement. “It is time for Norm Coleman to concede and for Al Franken to be sworn in as the next U.S. Senator from Minnesota. The voters of Minnesota months ago elected Al Franken to the Senate — and during every step in the legal process that judgment has been confirmed.”
Slightly less predictable was the reaction of MSNBC host Joe Scarborough. “When are the Republicans gonna give up the ghost on this?” Scarborough asked on today’s edition of “Morning Joe.” “Norm, I like you. You lost. Can we seat a senator so Amy [Klobuchar] doesn’t have to do the job of two senators. … It is seriously not fair to constituents in Minnesota to drag this out any longer. It’s over, Norm.”
Here’s the video of Scarborough:













2 Comments »
Comment posted April 14, 2009 @ 11:03 am
what a disgrace of the justice system and an embarrassment to the world that we, the super power can not decide one Senate race when Countries like Canada can decide a President in 1 day! Any judge that holds this up any further should resign! If they don’t know who is the winner by now, they never will. If this goes on any longer, the one that does get to take the seat, will be just in time to see the campaign season start yet again, leaving MN citizens again without representation or a voice! Democracy? Please, this is a dis-service to the citizens of the State! After Florida, it is even more of a circus, which should not have happened in the first place!
Comment posted April 14, 2009 @ 2:06 pm
I voted third party (Barclay). I recognize that the GOP doesn’t want to loose this, but where is the statemanship? Even if you concede the state of Mn will still be here in 5 1/2 years– if at first you dont succeed…. Honestly! MN deserves representation. If Al Gore could yield having won the popular vote, you Mr. COleman should show a little character.
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