Buck Naked Politics: Minnesota Court Declares Franken the Winner; Coleman Vows to Appeal

by Damozel | The Minnesota Star Tribune reports:

After a trial spanning nearly three months, Norm Coleman’s attempt to reverse Al Franken’s lead in the recount of the U.S. Senate election was soundly rejected today by a three-judge panel that dismissed the Republican’s lawsuit.

The judges swept away Coleman’s argument that the election and its aftermath were fraught with systemic errors that made the results invalid.

“The overwhelming weight of the evidence indicates that the Nov. 4, 2008, election was conducted fairly, impartially and accurately,” the panel said in its unanimous decision.

Oh, and, er....ouch.

In rejecting Coleman’s arguments, the panel said the Republican essentially asked it to ignore Minnesota election requirements and adopt a more lenient standard allowing illegal absentee ballots to be counted.

The panel also rejected Coleman’s comparison of Senate election problems to those in the 2000 presidential race in Florida.

Unlike Florida, Minnesota has statewide standards for absentee voting that are “uniform and explicit and apply in every county and city,” the panel wrote. (MST)

Coleman's other bogus arguments were equally resoundingly rejected. How far will Coleman press on? Who can say? Brilliant at Breakfast:

Norm Coleman's refusal to go away even though he has clearly lost and makes new arguments that often contradict the old ones are the first real test since the Bush/Gore race of 2000 of the new Republican doctrine of elections: disenfranchise as many Democrats as you can, and if that isn't enough, tie up close elections in the courts forever. Every day that Franken isn't seated is one less day of the Democrats being that one vote closer to the filibuster-proof Democratic majority that Republicans fear more than anything else.

What has he got to lose, after all? As Rick Hasen points out, the longer Hasen resists, the longer there isn't an additional Dem in the Senate. Dday:

In most countries, this would mean that Franken would receive that certificate and actually enter the Senate. But as long as Norm Coleman has a few wealthy benefactors willing to bankroll him, he can appeal. Again and again. Now, the Supreme Court might not have anyone available to hear that appeal, since two justices served on the state canvassing board, and one has donated money to Norm Coleman in the past. But of course, the Minnesota Supreme Court is just a stepping stone to a federal district court of appeals. Which is just a stepping stone to the US Supreme Court. Which is just a stepping stone to some other judicial body Coleman can find. Which is just a stepping stone to the 2014 rematch. Franken will only have been an incumbent for a few months by then.

In the meantime, seems to me we Dems need to come up with an all-purpose jeer as pithy as "Sore Loserman."

At Rick Hasen's Election Law Blog, Hasen concludes that Coleman's chances of prevailing on an appeal "appear quite small." Hasen remarks:

This is a careful, unanimous opinion the a "tripartisan" 3-judge court. It makes findings of fact and conclusions of law that on first read appear reasonable and conservative. The opinion considers the major arguments made by Coleman and rejects them in a detailed and measured way. It is the kind of opinion that is unlikely to be disturbed on appeal by either the Minnesota Supreme Court or the United States Supreme Court.

The Chinuk at Preemptive Karma: "Remember, people, it ain't over till the crybaby sings." Or till Norm Coleman wins. Whichever.

More at Memeorandum....

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