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 Frankens reply brief to Republican Norm Colemans 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 Frankens seating in the Senate, which would make him the Democrats 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.
It's a joke (like you), don't you get it?
That would be funny if this dragged on for six years and then they finally hold another election and flush the turd.
Minnesota: America’s short bus
having an un-elected judge tell elected officials what to do is Standard Democrat Operating Procedure
Really, MN, WTF are you thinking? Massa-two-sh*ts is now in danger of losing its Dingbat voter crown...
I wish...........Coleman needs to take it clear to the SCOTUS....I hope he does.
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.
The concept of “separation of powers” not recognized in MN?
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.
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
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.
Count the discarded military votes!!
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.....
Oh yea, from the state that sends us Boxer and Feinstein..
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.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.