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Minnesota IndependentLegal experts believe Franken will prevail at MN Supreme Court
By Paul Demko 6/2/09 10:38 AM
Franken is almost certain to prevail in the U.S. Senate election contest currently before the Minnesota Supreme Court. That’s the consensus from legal analysts following oral arguments in the lawsuit filed by Norm Coleman contesting a three-judge panel’s ruling that he lost the election by 312 votes.
Edward Foley, a law professor at Ohio State University who has been closely tracking the case, provides a lengthy analysis of Monday’s arguments. He criticizes Coleman’s legal team for its handling of the case, as well as the arguments made by Joe Friedberg, the Republican’s lead attorney.
“If the Minnesota Supreme Court rules for Franken, it would be wrong to jump to the conclusion that the court inevitably must be biased against Coleman,” Foley concludes. “On the contrary, the trial court unanimously ruled against Coleman and displayed no bias or unfairness. In the end, impartial jurists reasonably might conclude that Franken has the better case on the merits. Or, alternatively, the conclusion might be that Coleman’s attorneys failed to put before the court a winning case that perhaps, with a different strategy, they could have made.”
Hamline University political science and law professor David Schultz, who was in the courtroom for Monday’s arguments, reaches a similar conclusion. He notes that the justices were particularly vigorous in questioning Friedberg’s framing of the case and that they seemed to find the evidence assembled by Coleman’s legal team lacking. “Prediction: 5-0 for Franken with a decision by the July 4 holiday,” Schultz concludes.
Read more:
http://minnesotaindependent.com/36037/legal-experts-believe-franken-will-prevail-at-mn-supreme-court
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