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Franken Asks Court To Give Minnesota Governor A Direct Order
CQ Politics ^ | 05/11/2009 | Emily Cadei

Posted on 05/15/2009 1:10:59 PM PDT by BuckeyeTexan

Al Franken asked the Minnesota Supreme Court on Monday to affirm his victory in the 2008 Senate race and hand down a ruling that would direct Gov. Tim Pawlenty to certify him the winner.

“We think the law is clear,” said Franken's lead attorney, Marc Elias, pointing to a state Supreme Court ruling on the matter in February that he said indicated “that the certification would issue after the state court process ended.”

The Minnesota “Supreme Court is the end of the state court process,” Elias noted.

The request came as part of Franken’s reply brief to Republican Norm Coleman’s appeal of a trial court decision that declared Franken the Senate winner by 312 votes out of 2.9 million cast on Nov. 4.

It seeks to pre-empt any attempts by Pawlenty, a Republican, to delay the certification should Coleman opt to appeal his case to the federal courts, something the one-term senator has not ruled out.

Noting that Pawlenty has “expressed some ambivalence or some confusion” over when he will need to sign the certification, Elias said the brief is “asking the court to reaffirm what it has already said so that Gov. Pawlenty will not have to worry about which way to turn here.”

State law requires the governor and secretary of State to sign the document before it is official.

All sides involved acknowledge the certification is critical for Franken’s seating in the Senate, which would make him the Democrat’s pivotal 60th vote, the threshold for overriding a filibuster.

Democrats have held off attempting to seat him until the state Supreme Court rules, hopeful the race will end there. Republican leaders, however, are encouraging Coleman to continue his legal challenge at the federal level, should he lose, and are threatening a fight to hold off seating Franken if he does. That would be much more difficult if Franken has a signed certification from the Republican governor.

Pawlenty has been evasive about the timing of the certification, saying he may need to review the ruling and other legal guidance. But he has also said that he will abide by the law on the matter.


TOPICS: Constitution/Conservatism; Extended News; News/Current Events; Politics/Elections; US: Minnesota
KEYWORDS: alfranken; coleman; elections; mexesota; senate; taxcheatparty
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1 posted on 05/15/2009 1:11:00 PM PDT by BuckeyeTexan
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To: BuckeyeTexan
Al,

It's a joke (like you), don't you get it?

2 posted on 05/15/2009 1:12:27 PM PDT by Paladin2 (Big Ears + Big Spending --> BigEarMarx, the man behind TOTUS)
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To: BuckeyeTexan

That would be funny if this dragged on for six years and then they finally hold another election and flush the turd.


3 posted on 05/15/2009 1:13:19 PM PDT by Brett66 (Where government advances, and it advances relentlessly , freedom is imperiled -Janice Rogers Brown)
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To: BuckeyeTexan

Minnesota: America’s short bus


4 posted on 05/15/2009 1:15:13 PM PDT by WhistlingPastTheGraveyard
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To: BuckeyeTexan

having an un-elected judge tell elected officials what to do is Standard Democrat Operating Procedure


5 posted on 05/15/2009 1:15:19 PM PDT by Buckeye McFrog
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To: Brett66
Tar 'n Feathers!
6 posted on 05/15/2009 1:15:32 PM PDT by Radagast the Fool ("Mexico-Beirut with tacos!"--Dr. Zoidberg)
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To: BuckeyeTexan

Really, MN, WTF are you thinking? Massa-two-sh*ts is now in danger of losing its Dingbat voter crown...


7 posted on 05/15/2009 1:15:38 PM PDT by jessduntno (July 4th, 2009. Washington DC. Gadsden Flags. Be There.)
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To: Brett66

I wish...........Coleman needs to take it clear to the SCOTUS....I hope he does.


8 posted on 05/15/2009 1:15:48 PM PDT by Dawgreg (Happiness is not having what you want, but wanting what you have.)
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To: BuckeyeTexan

IMO< that election should be ruled to be invalid, and a new election should be called. It seems things are so upside down, that the true will of the people is discernible at this time.


9 posted on 05/15/2009 1:15:53 PM PDT by DoughtyOne (Pres__ent Obama's own grandmother says he was born in Kenya. She was there.)
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To: BuckeyeTexan

The concept of “separation of powers” not recognized in MN?


10 posted on 05/15/2009 1:16:28 PM PDT by DuncanWaring (The Lord uses the good ones; the bad ones use the Lord.)
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To: BuckeyeTexan
a picture is worth a thousand words


11 posted on 05/15/2009 1:17:32 PM PDT by Vaquero ("an armed society is a polite society" Robert A. Heinlein)
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To: BuckeyeTexan
Oh Al...

Smiley - Finger

12 posted on 05/15/2009 1:17:36 PM PDT by Slings and Arrows (Israel is built on rock. Arabia is built on sand.)
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To: BuckeyeTexan
Photobucket
13 posted on 05/15/2009 1:18:57 PM PDT by b4its2late (Ignorance allows liberalism to prosper.)
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To: BuckeyeTexan

The Governor will fold like the gutless wonder that he is and sign whatever the court puts on his desk, and that f%&k Franken will be the Senator.


14 posted on 05/15/2009 1:20:54 PM PDT by Mr. Jazzy (No greater friend, no worse enemy -The United States Marine Corps.)
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To: BuckeyeTexan

T-Paw is doing the right thing regarding taxes here in MN:

Pawlenty delivers a budget ultimatum

http://www.twincities.com/ci_12374514?IADID=Search-www.twincities.com-www.twincities.com


15 posted on 05/15/2009 1:23:10 PM PDT by WOBBLY BOB (ACORN:American Corruption for Obama Right Now)
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To: BuckeyeTexan
But he has also said that he will abide by the law on the matter.

These GOP morons will never understand that the "law" is whatever the guy with the most guns, money, and judges in his pocket says it is.

16 posted on 05/15/2009 1:24:16 PM PDT by Rome2000 (Peace is not an option)
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To: BuckeyeTexan

Count the discarded military votes!!


17 posted on 05/15/2009 1:30:39 PM PDT by luvbach1 (Worse than we could have imagined.)
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To: jessduntno
they have been voting like this for years....can't figure it out either....

however, there is a significant number of third party voters who have given Ventura and now this apparent victory to the freak....

congratulations third party voters...

you gave us Clinton, you gave us Maria Cantwell and Gregorie in Washington State, and other places I imagine....

how is that working out for ya?....

could lose your 401k, could lose your precious guns, could lose our national identity...

but you keep voting that way because it makes you feel so superior, and prepare for your children, grandchildren and all of your family to suffer because of you.....

18 posted on 05/15/2009 1:39:08 PM PDT by cherry
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To: WhistlingPastTheGraveyard

Oh yea, from the state that sends us Boxer and Feinstein..


19 posted on 05/15/2009 1:39:28 PM PDT by N3WBI3 (Ah, arrogance and stupidity all in the same package. How efficient of you. -- Londo Mollari)
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To: N3WBI3

I haven’t lived in California for three years and I have no intention of going back.

And even still, the cocaine addled Senator Diaper makes both DiFi and Babs Boxer look sane by caparison. Your ridiculous state has outdone even the greatest freak show on the planet. Congratulations.


20 posted on 05/15/2009 1:43:30 PM PDT by WhistlingPastTheGraveyard
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