What is Best for Coleman?

This morning when I read JTA's "World War III over a Senate seat?" I couldn't help but worry that this battle may be far from over.

In JTA's post on the Minnesota Senate race, Eric Fingerhut asked, "Will Minnesota ever get its second senator?" Fingerhut immediately answered his own question in his introduction to a Politico article that quotes Senator John Cornyn (R-TX) as "threatening 'World War III' if Democrats try to seat Al Franken in the Senate before Norm Coleman can pursue his case through the federal courts." The answer is, "maybe not."

However, another question came to mind: What's best for Norm Coleman?

I do not know Coleman personally, but I imagine that there aren't many people around him who consider Coleman's best interest over their own personal agendas. I have little doubt that Coleman's lawyers and political supporters have the ability and incentive to push this race well into the future. I fear that the inherently deliberative nature of our courts, combined with the partisan agenda of Coleman's advocates, means that the people of Minnesota will continue to be denied full representation in the Senate.

Yet, there comes a point when Coleman's closest friends need to remind him that it's his name at stake, that Coleman should think of his future and his former constituents. Coleman's true friends ought to remind him that sometimes the hardest people to say no to are your supporters. At the end of the day, the immediate past senator from Minnesota needs to look into his mirror and say, "Norm Coleman, enough is enough."

Coleman knows that there are ways to continue delaying his departure from this race, but he will also come to realize that the people advising him to prolong Minnesota's longest unresolved election are not the ones he should be listening to.

Crossposted on NJDC's blog.

Comments

[rabrophy]

What's best for Normie is always first in Normie's mind. From war hating hippy in the 60's to war loving Bush clone in the 2000's ol' Norm is always looking out for old number one. He's already got a job as a lobbyist for Jewish Republicans and is making mega points with the Republicans in congress by keeping Franken out of the Senate.

Isn't that what you lobbyists do? Normie will be a great addition to your club!

[DinkSinger]

Coleman cannot pursue an election challenge in the Federal Courts. Here is what Justice Scalia said in an opinion he wrote for the DC Circuit Court of Appeals in a similar election case in 1986. It involved the election Democrat Frank McCloskey to a House seat. After recounts, Indiana certified his Republican opponent the winner, but the US House conducted its own recount and seated McCloskey who, it said won by 4 votes. The Republicans brought suit in Federal court but it was dismissed in the District court and summarily affirmed by the Scalia court, which refuse to even hear arguements. Scalia wrote:

"It is difficult to imagine a clearer case of "textually demonstrable constitutional commitment" of an issue to another branch of government to the exclusion of the courts ... than the language of Article I, section 5, clause 1 that "[e]ach House shall be the Judge of the Elections, Returns and Qualifications of its own Members." The provision states not merely that each House "may judge" these matters, but that each House "shall be the Judge" ... . The exclusion of others--and in particular of others who are judges--could not be more evident. ... [W]e simply lack jurisdiction to proceed."

Once the Minnesota Supreme Court rules, the only "judge" that can hear the case is the US Senate. All the talk by Republican Senators about appealing to Federal courts is totally pointless.

[RickCoMatic]

Furthermore, there is the question: When will Franken be given his Certificate of Election?
The trio of Judges who heard the Election Contest needed to closely examine some Minnesota Law before DENYING Franken his Certificate when Franken filed for a Summary Judgment they also denied.
But, they took the Election Laws pertaining to when an a certified winner of an election is to be issued the Certificate and in no uncertain terms Unanimously Ruled upon the matter taking time to very precise with their language in the Decision.

Immediately upon the Decision of the Highest Court IN MINNESOTA the Governor and Secretary of State are Ordered to prepare and issue the Certificate of Election.
The Decision of the Minnesota Court of Appeals is Coleman's last stop according to Minnesota Law.
That Decision was written Unanimously and prefaced with the Law and Courts Footnotes.
One more thing:
This Election is an Election for Senator.
The Supreme Court of The United States does not render Decisions in the matter of Elections of Senators. The Constitution prevents the matter from going to the Supreme Court.
Once Minnesota Highest Court renders a Decision; the next Body to hear the Case would be The United States Senate ... itself!

[mmerose]

What's good for the goose is good for the gander. Time to take your own medicine, Norm.

[ena]

What is best for former Senator Coleman is to learn to be a statesman and step aside for the good of the people of the State of Minnesota. He and the GOP should get over themselves. This is not a game or the world series citizens lifes and livelihoods are at stake and all they can think about is obstruction and complaining to get an edge. Call me old fashioned but I was brought up to have good manners, dignity and be a good sport.

The majority of this country have spoken and they do not want this type scandalous behavior, they want something done that will make their lives better and preventing a senate seat from being occupied is to me another indication that the GOP could care less about being American.

Is there a finishing school for statesmen?

[Taiyo]

And another thing: The title of the article is "What is Best for Coleman?"

What about the people of Minnesota? What's best for them?

[rabrophy]

The post was written by a lobbyist, Why would he care about "People"?

[kenEBport]

This race and its decidedly undemocratic loser (Coleman, & notice I didn't say Dem.) are just one of many reasons that the Repuke party is going to continue to "wind down". They will continue to lose more & more seats, including this one to be sure, as their taste for renewed power goes on while fewer and fewer peiople find they have the stomach to endure it! Thanks Normie, you're doin' a heckuva job!

[marignymitch]

Coleman is not the hapless victim here, reputation be danged; Minnesota voters are. Federal courts are Republican turf, and that's where he's headed. I fully expect a friendly ruling there will give him the election on the grounds that the recount violates his constitutional guarantees of equal protection and due process (see Bush v Gore 2000).

[zest]

This egomaniac will ride this horse over the last jump; it keeps his name in the papers and that's all he has left. Who's sorry now Minnesotans who elected him the first time?

[sueno]

Coleman is dust-
He has zero credibility and looks like a thief.
At some point a person should maintain some level of integrity,
Coleman clearly lost all of his-

[WorkingClass]

The election was a tie. Leave the seat empty until the next election.

[pressseon]

You're joking, right?
Maybe it was statistical tie, but in the end Franken received more votes than loser Coleman.
If Coleman gave two hoots about his former constituents he would go home and worry about his other legal problems. Why are we Minnesotans sitting around waiting for Coleman to finally give up?
We should be demanding that Franken be seated.

[jazzman]

If you win by one. It's a win. If you win by 225+ it's a win. This is true in golf, basketball, track, baseball and elections. There are no such things as 'statistical ties' in contests. It's not a tie. A tie is when two candidates get exactly the same amount of votes. They didn't. Franken won. Coleman lost. Wake up and smell the coffee Working Class.

[Horus45]

You want Minnesota to go without Equal Representation in the Senate for 6 years?

That is a very partisan political view that I doubt most Minnesotans would agree with.

[Grunty1]

+200 votes is not a tie.

[Georgia1992]

Did I miss something? I thought Franken was 225 votes more than Coleman?

[chocolatecity]

If the Minn. State Supreme Court rules in favor of Franken and Reid doesn't seat him, I'm going to scream.

[jazzman]

Get prepared to scream. We're talking about Hapless Harry, here. He will fold!!!

[LiberalBuzz]

Be prepared as Ried is a dyed in the wool coward.

[Taiyo]

Yeah, I've got little confidence that Reid will stand up and use his backbone. He seems to have misplaced it.

[JRsNana]

Yeppers. Gumby Reid should start talking all big any day now and then back down the day after that. Typical.

[WinterParkMom]

If I were a donor, I would seriously wonder why I'm giving this guy money when the recount clearly showed he lost. He's wasting taxpayers time and money, and I'm sure minnesota doesn't have an endless supply. Where are the dems to point out this fact? Of course the Gov is repub, so he won't put an end to this. Someone needs to step in and say enough already! Seat Franken and lets get on with the peoples business.

[Gitmo]

By pulling this stalling crap, the GOPer's are killing their chances of ever winning a Senate race in Minnesota again.

You can always depend on Repulicans to cut off their nose despite their face, in fact I'm beginning to think that that's what they do best.

[wm1066]

"Coleman" will be a battle cry for Democrats for years to come. All the Democrats will have to do in Minnesota, and maybe other states is to bring up Norm Coleman and that will bring out the Democratic base. Norm might have stalled Franken but he has sunk the GOP.

[LiberalBuzz]

Funny how MN is bringing out the "best" foils for Democrats.

Michelle Bachmann to name another. Between the two of them they will be the gift that keeps on giving for years. Although I am absolutely amazed that Bachmann won after her anti American rant on MSNBC. BUT she does have to run again next year, so there is always hope she will be history.

[BarbP]

Coleman's Republican friends/backers will reward him for being a "good little soldier" by keeping him in high-paying do-nothing jobs for the rest of his life. His name is already mud, so he's got nothing to lose by continuing to be the figurehead for this insane farce. And an appeal to his conscience or moral sense? BWAHAHAHAHA!!!

[timm0]

I think you nailed it.

[demfriend]

Coleman outright lied when he said if he did not have the most votes he would step aside. Very black and white and he has failed to do as he said he would. The GOP are making a huge mistake as there will not be a positive outcome for them or Coleman unless they sit down and shut up soon. The courts ruled againest Coleman. Those who are supposed to be represented by Franken now are being tossed in the crapper while the GOP continues to ignore them. This country is based on those who win the vote getting the office. We Dems were denied when the Supremes ignored our votes one other time and put Bush in power and for 8 long years that group destroyed us in so many ways and lied us into a war with over 400 dead and thousand maimed/damaged for life. This is the time when the media should be writing it out and letting the GOP know the voters deserve representation. Until the media stops trying to make themselves look good and actually report the fair and balanced.. they share the GOP's toilet.