Justices set Senate appeal dates
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posted by Bob at Saturday, April 25, 2009
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27 Comments:
Five justices chose to hear the argument on a schedule that is closer to Coleman's timetable than Al Franken's.
By BOB VON STERNBERG, Star Tribune
Last update: April 24, 2009 - 8:14 PM
Minnesotans won't know who their second U.S. senator will be until at least June.
On Friday, the state Supreme Court set June 1 as the date for oral arguments in Norm Coleman's appeal of the election trial that concluded April 13 with Al Franken on top by 312 votes. The Senate seat has been vacant since early January, when Coleman's term ended with the race unresolved.
The Supreme Court schedule, set by the five justices who will hear Coleman's appeal, tracks his proposed timetable rather than a speedier one proposed by Franken.
The court wants Coleman's brief no later than Thursday, and Franken's reply brief by May 11. Coleman then will have until May 15 to file his response.
Although the court didn't adopt Franken's schedule, the timeline it has laid out is plenty fast for a civil case, said Peter Knapp, a professor at William Mitchell College of Law in St. Paul. He said the justices want to give both sides enough time to develop their best arguments, and they also want enough time themselves to digest the thousands of pages of transcripts and exhibits from the recount trial.
"This, I think, is an example of the court doing what it's been charged to do, which is to take this case as quickly as is reasonable," Knapp said.
Coleman campaign spokesman Tom Erickson said the candidate's lawyers "are pleased that the court has granted an appropriate amount of time to prepare for this historic and consequential case."
In a statement, Franken attorney Marc Elias said he was grateful for the expedited schedule. "We look forward to the process continuing to move forward so that Sen.-elect Franken can be seated as quickly as possible," he said.
After Franken emerged from the Senate recount with a 225-vote lead, Coleman filed a lawsuit contesting the result. That trial concluded with the ruling last week.
Coleman then appealed to the state Supreme Court, saying in part that 4,400 absentee voters had their ballots improperly rejected.
Two of the court's seven justices apparently will recuse themselves from the appeal. Chief Justice Eric Magnuson and Justice G. Barry Anderson sat on the state Canvassing Board that oversaw the recount and have taken themselves off subsequent motions on the election and recount, as well as on the first two orders from the court on the appeal.
Sen. Amy Klobuchar, Minnesota's only senator as the longest election contest in state history drags on, said she was resigned to a longer wait. "I would have liked to have seen it sooner, but the court will do what it must do," she said.
Alluding to the extra work load her office has picked up with the other seat vacant, Klobuchar added: "My poor staff -- I've got to break the news to them."
Coleman's Republican allies in Congress have urged him to take his fight all the way to the U.S. Supreme Court, if necessary. He hasn't ruled out that option.
Meanwhile, the Democratic Senatorial Campaign has launched a website called "It's Over, Norm," that is seeking to gather a 100,000-name e-mail petition calling for Coleman to concede. The committee said it is just 6,000 names short of the goal.
Staff writer Kevin Duchschere and the Associated Press contributed to this story. Bob von Sternberg • 612-673-7184
Democrats wont allow a fare trial, why even have elections.
Do you trust Judges, do you feel a Judge can be bought, or persuaded to lean one way on a case?
Hey
No pain, No Grain.
7:43
The judges have been Republican appointees for the most part, including the Chief Judge of the Supreme Court, Eric Magnuson- who was Pawlenty's personal attorney and friend.
Everything Norm Coleman's campaign asked for, they got. Every claim inspected.
They have not produced evidence and it was noted in the findings that they didn't prove their case, which makes it very hard for the Supreme Court to rule against the findings of the commission because there is no new evidence or claims of misconduct.
The proceedings have been the most open of any in the country's history. With national coverage and even bloggers filming the proceedings everyday, every hour, its been a very open process.
Hundreds of elections workers and judges have participated in full view of the public.
There is no credible claim of fraud, or 'fix'.
You don't like Franken- fine. He's not the issue. The issue is about our process and did it work, the answer is yes. It worked but, didn't give you the results you wanted. That's democracy. People on A-Democracy should understand that.
If you have missed any of the recount stuff, its all on video archives, right HERE.Eric
the only fair way to settle this is a new election.
then watch every poling place to see how many people the ACORN GROUP have voting in other areas of the state.
A new election is not a fair way to settle a close election.
You count the votes and exhaust the system.
Changing the law to fix the results is not what's needed and we don't redo elections because we don't like the results.
What grounds is there for a new election?
Every recount has reaffirmed that Franken won. The only thing we haven't done is count votes that were mailed in AFTER the election date.
Eric
http://www.mncourts.gov/?page=3409
All 2008 US Senate Files
Minnesota Poll: Most want Coleman to call it quits
"The Republican should end his recount fight, most say, and fatigue over the six-month ordeal is clear."
By KEVIN DUCHSCHERE, Star Tribune
Last update: April 26, 2009 - 12:10 AM
Nearly two-thirds of Minnesotans surveyed think Norm Coleman should concede the U.S. Senate race to Al Franken, but just as many believe the voting system that gave the state its longest running election contest needs improvement.
A new Star Tribune Minnesota Poll has found that 64 percent of those responding believe Coleman, the Republican, should accept the recount trial court's April 13 verdict that Democrat Franken won the race by 312 votes.
Only 28 percent consider last week's appeal by Coleman to the Minnesota Supreme Court "appropriate."
Large majorities of those polled said they would oppose any further appeal to the U.S. Supreme Court. Should Coleman win at the state Supreme Court, 57 percent of respondents said Franken should concede. And 73 percent believe Coleman should give up if he loses at the state's highest court.
"I voted for Coleman, but this thing has gone on way too long," said Mike McCombs, 50, a Lakeville furnace and air conditioning salesman. "Obviously, the Republican Party is trying to keep Franken's vote out of the United States Senate. We should get another [senator] in there."
"Every recount has reaffirmed that Franken won. The only thing we haven't done is count votes that were mailed in AFTER the election date."
Crooked votes and crooked vote counters to compliment a crooked court. Don't sound fair to me.
Crooked votes and crooked vote counters to compliment a crooked court. Don't sound fair to me.-
-
Doesn't sound fair to me either. You know what else doesn't sound fair? Just blurting out a bunch of adjectives without telling us what the hell you're talking about.
What crooked votes?
What crooked court?
Every moment is record and was being watched- so what are you talking about?
Eric
Fight Norm fight! Every day you withhold the election from Franken is a better day for Minnesota!
Jonathan said... 1:42 PM
Fight Norm fight! Every day you withhold the election from Franken is a better day for Minnesota!
Jonathan -- There are more people that feel the same way you do, that why arguments start in politics.
Three parties and no one agrees on anything.
Billy D.
For Mayor
Bill's right, politics cause war with in our homes and at the office, everyone has a opinion about this subject.
Nancy Lazaryan got her assed bounced out of the legislature today.
After 34 years as a Republican and 30 as a Republican elected official, Arlen Specter became a Democrat today.
Obama's numbers are incredibly high and about 70% of the people thinks he's doing a good job.
Lot of news today. Lot of news not here today.
Eric
Eric one last bit of news you forgot-you're a dipshit!
Sid
A man among mice.
Want some cheese Sid?
Hey Sid, you project much?
Eric
ERIC $$$$$$$$$$$$$$$$$$$$$
Now - Now - Money Talks
How much was he paid off by the Democrats to change parties?
Billy.D
PS. Jesse and Dean Barkley had me change to republican, does it make government honest?
Oh another fact Eric, Carter had a better rating this far into his presidency and we all know where that got him.Keep talking chump!
Sid
His approval ratings depend on where you look ...
Bloomberg:
President Barack Obama has an approval rating of 68 percent... In a sign of the strong support Obama maintains in the black community, 70 percent of the poll’s black respondents said the country is on the right track, compared with 34 percent of white respondents.
New York Times/CBS poll:
Mr. Obama’s 68 percent job approval rating is higher...
CNN poll: ...indicates that 63 percent of Americans approve of how Obama is handling his duties as president.
70 appears to be stretching it Eric. But communications professionals always have a hard time sticking to the facts.
Sid,
Do you lie just to make yourself feel better or try sound smart?
Obama's numbers are on par with Reagan and his likability is higher than any President.
Here's a story from the Wall Street Journal Poll (owned by the same people who own Fox News Network so the liberal bias is dead)
WASHINGTON - As he enters his 100th day in office, President Barack Obama enjoys higher marks from the American public than his most recent predecessors did at similar points in their presidencies, according to the latest NBC News/Wall Street Journal poll.
More than six in 10 approve of Obama's job, nearly two-thirds view him favorably, and a majority believe he has gotten off to a solid start during his first three months on the job.
Perhaps most significantly, Americans so far find him to be likeable. More than 80 percent in the poll say they personally like Obama, even if they don’t agree with all of his policies. And respondents give him high scores on his personality, demeanor and leadership qualities.
Republican pollster Bill McInturff, who conducted this survey with Democratic pollster Peter D. Hart, says these numbers suggest “someone who is wearing well” with the public at this stage of his presidency. McInturff, in fact, even compares Obama’s early likeability to Ronald Reagan’s in the 1980s.
Yet the poll also contains a few cautionary numbers for Obama and his young administration: a growing number believe the president is liberal; a majority thinks he’s trying to take on too many issues; and there are concerns about all the government spending.
“The wind is at his back,” Hart says. But looking ahead to the next 100 days, the Democratic pollster adds that Obama might “face some pretty stiff headwinds in his future.”
Mr.
Obama’s first 100 days have been marked by several highs (the economic stimulus’ passage, progress on a budget creating a framework for health-care reform, the rescue of Capt. Phillips from Somali pirates) and several lows (rising unemployment, confirmation troubles, furor at those AIG bonuses).
Despite these ups and down, the president remains quite popular. According to the poll, 61 percent approve of Obama’s job — that’s compared with George W. Bush’s 56 percent and Bill Clinton’s 52 percent at this same juncture in their presidencies.
Also, 64 percent view Obama favorably versus 23 percent who see him in a negative light — once again, higher than Bush’s and Clinton’s scores on this question.
In addition, 54 percent believe the president is off to a “great” or “good start;” 59 percent say he’s accomplished a “great deal” or a “fair amount;” and 64 percent feel more hopeful about the direction of the country with Obama in office.What’s more, a whopping 81 percent say they like him personally (51 percent like him personally and approve of most of his policies, and another 30 percent like him personally but disapprove of his policies).“How popular can this guy be?” Hart asks. “The answer is exceptionally popular.”
Indeed, as other recent national polls have shown, Obama’s early popularity has seemed to increase the number of Americans who believe the nation is headed in the right direction.
In the NBC/Journal poll, 43 percent say the country is on the right track, compared with an equal 43 percent who say it’s on the wrong track.
Yet that’s a 17-point jump since January, when just 26 percent believed the nation was on the right track. And it’s a 31-point increase since October 2008, when only 12 percent thought that.“That’s an extraordinary movement,” McInturff says. “It means after 100 days that he has latitude to really govern with some potency.”
Warning signs for Obama
Still, the poll — which was taken April 23-26 of 1,005 adults (including 100 reached by cell phone), and which has an overall margin of error of plus-minus 3.1 percentage points — contains some warning signs for the Obama administration as it looks ahead to the next 100 days and beyond.
For starters, the number of Americans who view Obama as “very liberal” or “somewhat liberal” has spiked 10 points, from 49 percent in January to 59 percent now.
Moreover, 52 percent believe that the president is trying to take on too many other issues, versus 43 percent who say he has a clear and sharp focus on the economy.
And concern about the administration’s spending and the size of the budget deficit ranks in the poll as one of the public’s top two negative impressions about Obama. (Nearly seven in 10 think the budget deficit is a real number that has a direct impact on the average citizen.)
But the poll suggests a public appetite for Obama’s legislative priorities on health care and energy. By a 56-to-37 percent margin, respondents say they support expanding health insurance coverage and raising taxes on the wealthy to help pay for it.And by a 58-to-35 margin, they favor charging a fee to companies that emit greenhouse gases — even if that will results in higher utility bills — and using that money to provide tax cuts for middle-class Americans.A tough start for the GOP
While the poll finds that Obama is off to a solid start in these first 100 days, the same isn’t necessarily true for the GOP.
Just 29 percent have a positive view of the Republican Party, while 44 percent view it negatively — the 32nd consecutive NBC/Journal poll showing it with a net-negative rating.By comparison, the Democratic Party has a net-positive rating, 45-to-34 percent.Also, a majority of respondents in the poll say congressional Republicans have been too stubborn in their dealings with Obama. On the other hand, just 25 percent believe that Obama has been too stubborn, and 48 percent think the president has struck the right balance.
“While the Republicans are trying to be the loyal opposition, the public doesn’t see it that way,” says Democratic pollster Jay Campbell, who works with Hart.
And even though they’re no longer in office, the poll shows that George W. Bush (with a 26 percent positive rating) and Dick Cheney (18 percent) remain unpopular.
Mixed takes on interrogation
In the last several days, President Obama’s release of old Bush administration memos detailing controversial interrogation practices has dominated the political discussion. According to the poll, 53 percent say the United States tortured detainees, versus 30 percent who say it didn’t.
However, a plurality — 46 percent — believe harsh interrogation techniques have helped extract important information to stop terrorism. Forty-two percent say those techniques have undermined the country’s moral authority and have inflamed anger in the Islamic world.
And more than six in 10 oppose any kind of criminal investigation into whether the Bush administration committed torture.
McInturff says these findings suggest that Americans don’t want to litigate the past. “This is a country that wants to move on,” he said. “What people are saying is, ‘Bad things may have happened… But whatever happened, it is in the past.’”
URL: http://www.msnbc.msn.com/id/30454232/
Eric
Jonathan, you know what the word 'about' means. I said about 70 percent. I based on the previous days ABC News Poll:
An ABC News poll released this morning shows that a vast majority -- 69 percent -- of Americans approve of President Obama and 72 percent view him favorably, "the best job approval rating at this point in 20 years, [and] the broadest personal popularity since Ronald Reagan." Fifty percent now say the United States is headed in the right direction, up 31 points since the end of the Bush administration, when only 19 percent thought the country was on the right track. Other figures from the poll:
-- "Fifty-eight percent approve of Obama's work on the economy."
-- "Obama leads the Republicans in Congress in trust to handle the economy by a garish 61-24 percent."
-- "A remarkable 90 percent say Obama is 'willing to listen to different points of view'; fewer than half said that about George W. Bush."
-- Seventy-seven "percent call Obama a strong leader, nearly matching Bush's best a few months after 9/11."
A majority supported Obama's decision to release the torture memos, but only 49 percent support his blanket ban on torture. That said, a majority still favors holding investigations into the Bush administration's use of torture.
-----------------
Eric
I must be one of the other 31 percent.
I won't change.
Thank You.
Lets have the investigation into Bush and when your sorry asses get thrown out next election we'll prosecute your boys according to whatever is politically popular at the time. You wanna play that game, try it.......see what happens.
This comment has been removed by the author.
Colemans Appeal Brief
Thanks for posting Coleman's brief. It will be interesting to see the Franken response.
In his one potentially valid point, it is interesting to see him complaining about how the election officials in some of the reddest counties in the state were willing to reject absentee ballots for fairly thin reasons, while those in bluer counties were more likely to assist the voter.
In the brief he mentions that in Plymouth like 50 absentee ballots were rejected because the signature didn't match. What a bunch of jerks out there in the burbs!!!
Imagine someone looking at your check and then at the signature on your drivers license and not taking the check because the signature didn't match...
The problem Coleman had was that those then are the same officials that on a recount check themselves and say, yup, bad signature...
His problem is getting the court to over ride the election officials who were following the letter of the law. In GOP counties they tend to be pricks and fairly tight assed about those kinds of things.
I personally would be fine if they counted all of the absentee ballots of anyone who didn't show up at the poll and vote (one vote per person) because I think even in the red counties, the people most likely to have screwed up their ballot are Democrats. I think it would increase Franken's lead.
The other to arguements are DOA. The duplicate ballot stuff doesn't carry any water and there is no legal challenge on the Mpls 3-1 lost ballots the only real count is the recount - the call in numbers can never be more valid then what was seen.
JMONTOMEPPOF
Chuck Repke
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