franken-coleman-court.thumbnail.jpgSorry for the lack of updates; most of the action has been behind the scenes lately, as the judges work against the delaymeisters of Team Coleman to try and streamline the process so we can have a senator seated soon.   It’s been like watching from the outside of a burlap bag as the kittens within it are fighting.

Eric Kleefeld over at TPM, and The Big E at Minnesota Progressive Project (h/t WineRev) both think that the Coleman camp isn’t playing to win, so much as it’s playing to make the inevitable appeal, which he thinks will be based on the equal-protection clause, work better, and hopefully get it to the Federal level where it can go on for additional months on end.  Various folk have spoken up to say that Coleman’s lawyers’ moves aren’t so much to make the appeal better as to make it possible in the first place — and that it’s not likely to do much good as the Federal courts aren’t likely to even think of taking this on.

The thing is that the Election Contest Court has rather conclusively ruled that existing Minnesota law shows that absentee voting is a privilege rather than a right.  If absentee voting is a privilege, then equal protection — and the chance to make a Federal case out of this — doesn’t obtain.  It’s that simple.

That’s why the Coleman camp tried their most bizarre Hail Mary pass yet earlier this week:  Begging the three judges on the ECC to please please please pretty please with sugar on it overturn the above-mentioned verdict that they’d just rendered — a verdict that the Coleman camp just a few weeks ago would have cheered.   (Need I say that the judges are, um, rather unlikely to comply with the Coleman legal team’s request?)  With that verdict in place, the contest only has one place to go after the ECC rules in Franken’s favor — and that’s straight to the Minnesota Supreme Court, which will very likely move with lightning speed to affirm the ECC’s verdict, and then tell Mark Ritchie and Tim Pawlenty to sign Al Franken’s election certificate.

Phoenix Woman

Phoenix Woman

5 Comments