Coleman Appeals Election To State Supreme Court

As expected, Norm Coleman formally appealed the results of the Minnesota recount election to the state's Supreme Court on Monday, adding another stage to an already lengthy electoral process.

The former Senator's legal team hosted a conference call late Monday afternoon to announce their much-anticipated move. They would not rule out the idea of taking the case even further: the U.S. Supreme Court.

"We are just thinking about the Minnesota Supreme Court for now," said lead recount attorney Ben Ginsberg.

As for how long the process could take, another Coleman attorney, Jim Langdon, said he expected the court to hear arguments sometime between two weeks and two months from today.

"In normal circumstances, with a typical civil case, the process could take anywhere from three to eight months," he said. "So this is -- whatever they choose will be very expedited."

Asked why he expected the state Supreme Court to come to a different conclusion than the lower appellate court -- which ruled Al Franken the winner of the most votes in the November election -- Ginsberg argued that the two venues had a different legal purview.

"Appellate courts generally have a broader view of the law and this court expressed its reluctance to get involved in the constitutional issues," he said. "The Supreme Court had said in other opinions that it has issued that it takes a much broader view of the law."

"There are lower court opinions reversed from time to time in all matters of the law," he concluded, "including recounts."

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Coleman's legal strategy hinges on having the court order the reconsideration of roughly 4,000 rejected absentee ballots, which lower courts have ruled were rightfully removed from the official count (usually for being filed too late in the process).

That said, when absentee ballots have been reintroduced during the recount they have generally favored Franken. Ginsberg was asked why he thought the same wouldn't be true with the disputed 4,000.

"As we have said before, the ballots that were opened up in the canvassing board recount and really by this court came much more from precincts that were carried by Franken than by Sen. Coleman," he replied. "And if ballots that are left, they tend to be from precincts carried by Sen. Coleman. But what we have also said all along is you never know what any one ballot will hold... there is a principle at play here."

Al Franken's legal team is planning a conference call later on Monday to respond to the latest twist in the Minnesota saga.

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Comments

[Cookie100]

Between Coleman and Bachmann, it makes you wonder

[HLL]

This is torture. Absolute torture. I'm ashamed of our country for allowing this obstructionist to continue damaging his state, the Senate and Senator Franken. There is no question that our voting process needs a major overhaul. Personally, I'd love to be able to vote on my computer. I always absentee ballot in order to avoid the long lines and to study the propositions more carefully. But this Coleman debacle is painful.

How can a man who's lost 3 painstaking and expensive re-counts, and who's lost the judges decision, keep obstructing? Hasn't it been made clear in the last 6 months that Senator Franken is the winner of this race? When does obstruction become treason? Because I think Coleman and the GOP have slipped into treasonous behavior now.

treason:
1. the offense of acting to overthrow one's government.
2. a violation of allegiance to one's state.
3. the betrayal of a trust or confidence; breach of faith; treachery.

[AZ AF VET]

This will most likely end it for Coleman. The Republican Party, really can't afford anymore bad PR on their plate than they already have. When the MN Supreme Court rules against him it will be all over.

[gretchenart]

or if they reverse the prior rulings all hell will break loose!

[Horus45]

At the beginning of the recount Coleman AGREED with the number of Absentee ballots that would be disputed, after that failed to give him more votes now he wants to open ballots he already had agreed to NOT opening.

Sore loser!

[JulieCarol]

The GOP is really becoming just an annoyance, like a spoiled child.

[kewps]

Norm Coleman is just one big, bad acid trip.

[QuicksilverKW]

I wonder what the GOP has promised Coleman if he keeps on thwarting Franken from being seated and keeping the number at 58. I doubt he would do this unless there was a payoff. He has brought enough of a distaste to the people in his state that I doubt he could win a senate election again. I'll bet this has made his life and his family's life so strained that he has forgetten what it feels like to have a happy day.

[Archontruth]

RNC chair, once "MC Steele" embarrasses himself out of the job.

[Ron Lajoie]

Even if they actually had to have the state re-vote the entire election (costly to tax payers), Coleman would lose. People are fed up with this type of poltical ploy -- a ploy which the repubs have abused over and over again. But keep it up Coleman --- keep making the repubs look like sore loosers. It makes the democrats look great.

[proudem]

This is disgraceful! Can't the Sec of State or the Gov put a stop to this? This does not serve the people and is destructive to the election process. Maybe the State Legislature should amend the laws regarding appeals on recounts.

[Archontruth]

Governor Pawlenty is a Republican eyeing a 2012 presidential bid. It makes sense for him to let the appeals process drag on the way Washington Repubs want.

[canobserv]

Everyone keeps saying that they are the party of ....no ideas.....­but I think they have ONE big idea......­..........­.seeing as how they are VERY freaked out about the guy in the WH........­......do as much damage as possible and take the country with them......­...

[stepper]

"...the latest twist in the Minnesota saga."

A little yellow journalism there? This is not a twist. Coleman has telegraphed this move since the start of the trial.

Sam Stein is trying to turn this into a Rocky story. Not one word here about recent polls showing 2/3 of Minnesotans want Coleman to drop out. No legal expert opinions - all of those I have seen say Coleman has virtually no chance of prevailing. Reporting these facts wouldn't be partisan, it would be called something else: journalism.

Very lazy reporting, Sam.

[Kaydee42]

" "...the latest twist in the Minnesota saga."

A little yellow journalism there? This is not a twist. Coleman has telegraphed this move since the start of the trial."

Or perhaps Sam was employing sarcasm...

[andhakari]

Coleman looks like he's aged 10 years in the last several months. Being such an åss must take a lot out of you.

[senseandnonsense]

My comment isn't on yet, but I have to agree and I know why. That's where the winning ballots are. He's got them up there.

[dfranz]

This is obviously about keeping the Democratic senator count at 58. There is no way Coleman could count on a miracle to save him nor would a court decision make him legitimate. This is GOP politics clear and simple. Unfortunately the people of Minnesota are the ones who suffer. This seems like a reoccurring event with the Repub’s. they have shown over and over that they feel their own interests trumps anything else .

[unhhockey]

Poor Norm, he's a horse's face and a horse's a2$ all in one.

[mollymac]

Don't denigrate horses. Truly beautiful animals.

[stevi]

This is in no way an attempt to be elected and seated. This is an attempt to delay and obstruct.