The MN Supreme Court issued its long-awaited decision in the MN SEN contest this afternoon, ruling that entertainer Al Franken (D) should be certified the winner of the Nov. '08 Senate race.
In a 5-0 decision, the court rejected ex-Sen. Norm Coleman's (R) argument that flaws in Election Day vote-counting violated due process and the constitutional guarantee to equal protection.
"Because we conclude that appellants have not shown that the trial court's findings of fact are clearly erroneous or that the court committed an error of law or abused its discretion, we affirm," the judges wrote in the decision. "... We affirm the decision of the trial court that Al Franken received the highest number of votes legally cast and is entitled ... to receive the certificate of election as United States Senator from the State of Minnesota."
National Republicans are saying quietly that the decision likely marks the end of the eight-month recount and legal process that has kept a pivotal Senate seat vacant. If Franken is certified, the Dems will have a 60-vote filibuster-proof majority in the Senate, giving the party -- and the Obama adminstration -- a critical advantage in pushing sweeping energy and health care initiatives, among other preferred legislation.
"I congratulate Senator-elect Al Franken, the next Senator from the state of Minnesota," said Senate Maj. Leader Harry Reid in a statement. "The people of Minnesota will now finally get the brilliant and hardworking new senator they elected in November and the full representation they deserve. ... The Senate looks forward to welcoming Senator-elect Franken as soon as possible.
Reid urged MN Gov. Tim Pawlenty (R) to certify Franken as the contest's winner. Pawlenty, as he considers his own political future and a possible '12 presidential bid, has said recently that he will abide by the decision of the state's highest court.
"I once again encourage Governor Pawlenty to respect the votes of his constituents and the decisions of his state's highest court," Reid added. "He should put politics aside, follow his state's laws and finally sign the certificate that will bring this episode to an end."
More than 2.9M Minnesotans cast ballots in the November general election, including approximately 300K who voted or attempted to vote by absentee ballot. At the end of November, the State Canvassing Board issued a report showing Coleman with a 206-vote edge, less than one-half of one percent of the total. After a recount, however, the advantage swung to Franken, who had a 312-vote lead, a measure that a three-judge panel affirmed in April. It is that count that the state's highest court today upheld.
Coleman has indicated a willingness to push the matter in federal court, but it seems the appetite among national Republicans for a prolonged battled has soured. Attentions are beginning to turn to the '10 midterm contests.
Sen. John Cornyn (R-TX), chairman of the NRSC, has not yet issued a statement on the decision. But sources say privately the MN Supreme Court ruling will likely spell the end of the fight for Coleman, who must consider his career options -- including a possible bid for MN governor -- when he weighs how long to fight.
Pawlenty, in an interview with On Call today before the ruling was issued, said he was "hopeful" the state Supreme Court ruling would fall to Coleman, but that his future is bright regardless.
"He certainly would be a great governor," Pawlenty said. "I'm not endorsing anybody for governor because there's about ten Republicans running, and they're all my friends. ... That process will have to work itself out. I'm not sure Norm has expressed an interest in running for governor, but if he became governor, he'd be a good one."
Meanwhile, Coleman and Franken will hold press availabilities later this afternoon.
Loyola Law School prof. Richard Hasen, who specializes in election law and has been following the Coleman-Franken case closely, told On Call that the decision was "what we expected it was going to be." As for Coleman's next step, Hasen said there "will be pressure on him to concede."
Hasen said that Coleman has a 10-day window within which to either petition for a re-hearing with the State Supreme Court -- a move which Coleman likely won't take due to the slim chance for success -- or to ask for a stay of judgment with the SCOTUS. That request would be made to the designated justice for the U.S. Court of Appeals for the Eighth Circuit, Justice Samuel Alito, who could then likely refer it to the full court. After the 10-day window, the MN Supreme Court's decision becomes final.
"Even putting aside the political implications of intervening in the election," Hasen said, "the legal arguments Coleman made were given a fair airing. His main argument relied on a pretty expansive reading of Bush v. Gore, and that's a case the U.S. Supreme Court has not touched with a ten-foot pole."
(FELICIA SONMEZ)
