Two Supreme Court justices again recuse selves from Coleman-Franken fracas

As expected, the first order by the Minnesota Supreme Court in considering Norm Coleman’s election-contest appeal indicates that two justices are recusing themselves from the case. Chief Justice Eric Magnuson and Associate Justice G. Barry Anderson are again bowing out, apparently due to their service on the State Canvassing Board that oversaw the recount late last year and early this year.

The order (pdf) is a relatively minor move that allows out-of-state lawyers Marc Elias and Kevin Hamilton to represent Franken before the state’s high court. But as TPM notes, the signature page indicates the same lineup as in the court’s past actions in the matter.

The signatures from the remaining five justices on today’s order indicate that even those who donated to related political funds —  such as Associate Justice Christopher Dietzen, who gave money to Coleman’s 2008 campaign in 2006 — will continue to participate in deliberations on the Coleman-Franken dispute.

None of the justices’ donations in question were made after they joined the bench.

It’s not yet clear whether the justices might call in reserves to help with the heavy lifting, should they agree to hear Coleman’s appeal. Past practice dictates that the court sometimes replaces missing members with fill-ins from the ranks of retirees from the bench.