Can Harry Reid decide to seat Franken if Pawlenty refuses to sign certification?

[rurallib]

I think I have heard it both ways. Once the Minnesota SC decides, most likely for Franken, I would think that would give even Reid enough cover.
Wasn't there a case from San Diego with the Duke's replacement? Wasn't he seated by Hastert even though the outcome was still in dispute?

[BuyingThyme]

1. I don't think so.

But you never know.

[rurallib]

4. Gotta be a rule somewhere on this.

I thought it had been talked about before.

[Ian David]

2. Harry Reid can't decide which tie to wear in the morning without Republican approval. So FUCK no. nt

[bullimiami]

3. the senate has the power as the house did which you noted.

[blondeatlast]

5. I think so--but it would be lots more fun to pressure Pawlenty into doing it.

Pawlenty clearly has higher aspirations, the Republicans are dead in the water, and the last thing Pawlenty needs is a bad political fight.

[condoleeza]

6. Interesting take on this from a legal expert

http://electionlawblog.org/archives/013410.html

[rurallib]

9. looks like that magic 8ball response modified that says

"all signs point to Franken"

[Renew Deal]

7. They should let it go through the MN supreme court, and that's it.

If Franken wins there, seat him whether the republicans like it or not.

[endarkenment]

11. No they shouldn't. The senate should seat Franken now.

[robinlynne]

8. Yes he was. The republican congress seats its people. Even without counting the votes!

[endarkenment]

10. Do you mean 'is he able to decide'?

Yes the senate can make its own determination of who is qualified or not qualified and seat Franken. Reid probably can't find the courage to take that step because he just isn't up for the ensuing fight. If he were, and if the Senate Democrats could manage to vote party line, Franken would be a senator. There would then be a constitutional fight that would go to the Supreme Court. Meanwhile Franken would be seated.

[backscatter712]

12. He can bring it up for a vote...

and the Rethugs can filibuster, meaning he has to get two of them to cross the aisle, which isn't likely.

Best tactic for Franken right now is to wait for the MN Supreme Court to shoot down Coleman's almost certain appeal, then file for a writ of mandamus - essentially suing to get a court order requiring Gov. Pawlenty to sign the certificate of election.

The ruling in Franken's case is pretty airtight - Coleman's case was taken apart piece by piece, so there's not much hope for the MN Supremes to overturn it.

Who knows what will happen if Coleman appeals to the federal courts - it'll probably get appealed to the SCOTUS, and we know Scalia, Thomas, Alito and Roberts will contort themselves to come with with some excuse to vote for Coleman - it probably depends on whether they can get Kennedy to go along with them, which he does half the time.

[Spazito]

13. I can find nothing in the State election statutes that dictates the Governor must sign off....

once the election contest has entered the courts, here is what I have found once the Court has made a decision on this:

"A copy of the decision must be forwarded to the chief clerk of the house of representatives or the secretary of the senate, as
appropriate."

It does not list the Governor or the Secretary of State among those who are to be notified of the court's decision although, I am sure, a copy is forwarded to them as a courtesy.

There is also this acknowledgment of the constitutional power of Congress:

"Subd. 6. Not a limitation. This chapter does not limit the constitutional power of the house
of representatives and the senate to judge the election returns and eligibility of their own
members."

http://www.sos.state.mn.us/docs/2008_chapter_209_-_6-24-2008_final.pdf

From the Order for Judgment:

Based on the findings of fact and conclusions of law, and pursuent to Minn. Stat. 209.12 the Court DECIDES, DECLARES, AND ADJUDGES the Contestee Al Franken is the party to the Contest who received the highest number of votes legally cast in the 2008 United States general election and is therefore entitled to receive the certificate of election.

Link to Judgment:

http://dl-client.getdropbox.com/u/60825/COLEMANvFRANKENfinalfindingsoffact.pdf?elr=KArks:DCiUHc3E7_V_nDaycUiacyKUUr

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