The battle for the remaining Minnesota Senate seat will have a new stage Monday âĂ„Ă® the Minnesota Supreme Court. Starting at 9 a.m., five justices from the court will hear an appeal from Republican Norm Coleman to overrule a lower courtâĂ„Ă´s ruling that Democrat Al Franken won last NovemberâĂ„Ă´s election. Franken currently has a 312-vote lead. The Coleman camp is arguing equal protection âĂ„Ă® which states that all citizens should be treated equally under state law. Ben Ginsberg, ColemanâĂ„Ă´s attorney, said the judges denied votes by being more stringent toward determining eligible ballots during the trial than local officials were during the recount. ColemanâĂ„Ă´s appeal also states that the lower court incorrectly ruled that the 132 missing ballots from a Dinkytown precinct should be counted. ColemanâĂ„Ă´s team argues that because the ballots could not be found during the recount, they should not be counted in the final tally. David Schultz, professor at Hamline University and a nationally-recognized expert on politics, said in a previous interview that he expects the stateâĂ„Ă´s Supreme Court to uphold the lower courtâĂ„Ă´s ruling. âĂ„ĂşThe three-judge panel did a very good job in its opinion, and what Coleman is asking is the higher court to disagree,âĂ„Ăą he said. âĂ„ĂşI donâĂ„Ă´t think thatâĂ„Ă´s going to happen.âĂ„Ăą If the stateâĂ„Ă´s Supreme Court rules in favor of Franken, the Coleman team hasnâĂ„Ă´t ruled out a trip to the U.S. Supreme Court. If the case is picked up by federal courts, experts say Minnesota could go until the fall without a second senator.
Minnesota Supreme Court to hear Coleman’s appeal Monday
The battle for the empty Senate seat will roll into seven months.
Published May 29, 2009
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