Former justice: High-court fill-ins will boost confidence in Senate ruling

If the Minnesota Supreme Court hears Norm Coleman’s appeal of Al Franken’s election victory, the justices would do well to fill seats on the bench that recusals leave empty with temporary help drawn from the ranks of retired justices and judges. That’s the opinion of Sandra Gardebring Ogren, a former associate justice, who says “a fuller court would increase public confidence in the decision.”

Two justices have already said they’ll recuse themselves from deliberating on Coleman’s appeal. Three more made past donations to political campaigns that have some (mostly distant) connections to the Franken-Coleman contest and could conceivably recuse themselves on those grounds.

With as many as five empty seats on the seven-justice court for the high-profile case, Gardebring Ogren says Associate Justice Alan Page could put in place the “occasional practice” of  finding qualified temps to replace the absent justices.

Page himself is already acting as chief justice on Franken-Coleman related matters. Chief Justice Eric Magnuson has recused himself due to his service on the State Canvassing Board that oversaw the statewide hand recount.

Gardebring Ogren held a series of top state jobs, including associate justice on the Minnesota Supreme Court from 1991 to 1998. She left the bench for a post at the University of Minnesota and is now a vice president at California Polytechnic State University. Her comments today came during an appearance on Minnesota Public Radio’s “Midday” program.

Also on “Midday” was Hamline University law professor David Schultz, who predicted that oral arguments could come in mid-May, with a ruling in early June.

Writing a carefully written high-court decision might require two or three weeks of work, he said.

A separate appeal to the federal courts is likely, according to Schultz, but he called it unlikely that the federal courts will take the case.

Seating of Minnesota’s second senator will take place “July-ish,” Schultz said.

As to the question of whether Supreme Court justices are swayed by political leanings, Gardebring Ogren said her experience on the court would “point the other way.”

Schultz said most such biases wouldn’t have a chance to impact a court decision on Coleman’s expected appeal of the election contest court’s ruling that Franken won by 312 votes. But he allowed there still “might be some room to have your own ideology factor in.”