Senate recount: A Supreme Court grilling
Five justices pressed lawyers for Franken and Coleman with tough questions about absentee ballots and state law.
All that remains is a ruling.
A day after publicly grilling lawyers for Norm Coleman and Al Franken in a hearing scrutinized by political pundits and players nationwide, the Minnesota Supreme Court is back behind closed doors, deliberating on a decision that could lead DFLer Franken to the U.S. Senate or give Republican Coleman another chance to stop him.
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Coleman attorney Joe Friedberg told the justices that thousands more rejected absentee ballots should be tallied under looser standards that were used by many local officials on Election Day. He said local practices led to counting ballots in Democratic areas that were similar to those rejected in Republican areas applying a stricter standard.
But several justices suggested that Coleman's team had failed to provide proof that such practices were widespread.
"You're offering little more than ... Coleman's theory of the case but no concrete evidence to back it up," said Associate Justice Christopher Dietzen.
Franken lawyer Marc Elias also came in for some tough questions. Associate Justice Lorie Gildea asked how he could be confident about the outcome given that some of the ballots counted on Election Day apparently didn't meet the requirements of Minnesota law.
"If we're suppose to decide who got the most legally cast votes and there is evidence that suggests that illegally cast ballots were accepted ... how can we tell who got the most legally cast votes?" Gildea asked.
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Guy-Uriel Charles, a Duke University law professor, said he didn't think Coleman convinced the justices that state election law was flawed enough to justify loosening statutory guidelines to let in more ballots.
"What's remarkable about the whole oral argument is that there were very few questions, if any, asked on what to do next -- what is the standard that you want us to apply," Charles said. He predicted a unanimous ruling for Franken toward the end of June.
"There's no question that Coleman's side got much tougher questions than Franken's side, and based upon oral argument I would not be surprised to see a unanimous decision in favor of Franken," said Richard Hasen, an election expert at Loyola Law School in Los Angeles.
http://www.startribune.com/politics/national/senate/46621982.html?elr=KArks8c7PaP3E77K_3c::D3aDhUxWoW_oD:EaDUiD3aPc:_Yyc:aULPQL7PQLanchO7DiUr
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So there you have it, not one, but two law professors calling unanimous decisons for Franken. What the ass kicking it will be.