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cali Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-30-09 01:23 PM
Original message
The MN Supreme Court decision was 5-0
This really is the end of the road for Normie. Pawlenty has to sign the certificate and if he refuses, the MN SC Chief Justice will sign it.
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BonnieJW Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-30-09 01:25 PM
Response to Original message
1. He already said last week he would sign.
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OmmmSweetOmmm Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-30-09 01:25 PM
Response to Original message
2. This is just too cool and 100% correct!
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-30-09 01:25 PM
Response to Original message
3. Coleman can still appeal to the SCOTUS
And request a stay to keep Frnken from being seated.

The SCOTUS Justice who would determine whether or not there would be a stay is Samuel Alito.
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kestrel91316 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-30-09 01:26 PM
Response to Reply #3
7. Here we go. Alito WILL issue a stay. Just watch.
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-30-09 01:27 PM
Response to Reply #7
9. Only if Coleman files a request for a stay.
And Alito could still refuse to grant such a stay.
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kestrel91316 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-30-09 01:34 PM
Response to Reply #9
18. Coleman WILL file. Alito WILL grant the stay. The RW is desperate to
block the 60th Dem vote.
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backscatter712 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-30-09 01:33 PM
Response to Reply #7
17. What would likely happen is that Alito would refer the case to the full court.
Which means seating might get delayed for another week or two, but Alito doesn't have much legal maneuvering room to make his stay order stick if he issues it on his own - it'll get kicked up to the full SCOTUS, and the full court would have to rule in favor of Franken.
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kestrel91316 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-30-09 01:34 PM
Response to Reply #17
19. Do we have the 5 votes?? Souter is gone.
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-30-09 01:37 PM
Response to Reply #17
23. SCOTUS is on break
Won't resume until October.
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-30-09 01:39 PM
Response to Reply #17
25. It would only be a week or two if Roberts calls the court back.
Otherwise, it wouldn't be considered until October.

So it would depend upon whether or not Alito would grant a stay.
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elocs Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-30-09 02:37 PM
Response to Reply #17
28. SCOTUS is under no obligation to even hear the case.
Most of the legal experts I have heard don't believe they will hear it. This is State business and the Senate determines who they will seat. Bush v Gore was a national election and therefore different.
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JDPriestly Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-30-09 02:57 PM
Response to Reply #28
30. elocs, That's how I read the Constitution also.
I'm with you.
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JDPriestly Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-30-09 02:56 PM
Response to Reply #17
29. I should think the SC would rule that the Senate is the only federal branch with the
jurisdiction to judge the election of a senator.
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cali Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-30-09 01:29 PM
Response to Reply #3
13. not going to happen. From what I've heard, once the Gov or the CJ signs
the certificate, it really can't be stopped. And I doubt that Norm is going to appeal it to SCOTUS.
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-30-09 01:31 PM
Response to Reply #13
16. Ed Schultz just reported that when he asked Coleman directly
three months ago, Coleman stated emphatically eh would take it to the SCOTUS.
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cali Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-30-09 01:42 PM
Response to Reply #16
26. That was three months ago. 8 Judges have now ruled against him
0 have voted in his favor. Pawlenty has said he'll sign the certificate. Normie doesn't have the support to take it to SCOTUS and even if he does, SCOTUS won't touch it. It's over.
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rvablue Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-30-09 01:36 PM
Response to Reply #3
20. Why is it Alito? n/t
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BOSSHOG Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-30-09 01:25 PM
Response to Original message
4. But if ya figure in glen beck's plus-minus
the ruling was 7-2 in favor of coleman.
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Greyskye Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-30-09 01:25 PM
Response to Original message
5. That pretty much spikes the idea of a Supreme Court appeal

:evilgrin:
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csziggy Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-30-09 01:26 PM
Response to Original message
6. Did they direct Pawlenty to sign it ASAP?
When he was interviewed this morning and she asked if would sign the certificate if the decision came down in favor of Franken, he danced around and finally said he would *if the court directed him to* as if he'd have a choice.
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kestrel91316 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-30-09 01:28 PM
Response to Reply #6
10. I'm sure they will give him the usual 30 days to respond.
And in the meantime Alito will issue a stay.

The RW is playing for keeps on this one. They WILL NOT ALLOW #60. Franken needs a lot of bodyguards.
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MineralMan Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-30-09 01:26 PM
Response to Original message
8. Here's a link to the decision:
http://www.mncourts.gov/opinions/sc/current/OPA090697-6030.pdf
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madokie Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-30-09 01:30 PM
Response to Reply #8
15. Thanks
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glinda Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-30-09 01:28 PM
Response to Original message
11. Election Certificate needs to be issued, don't know when. Hinges on
if Coleman is going to pursue this more. BLECH! MPR
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glinda Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-30-09 01:29 PM
Response to Reply #11
12. THERE IS NO DIRECT ORDER TO PAWLENTY TO SIGN THIS.
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backscatter712 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-30-09 01:37 PM
Response to Reply #12
22. I suspect the MN Supremes are giving Pawlenty an opportunity to save face and do it voluntarily.
If he balks, Franken can file for the writ of mandamus (that's the direct order to the governor to sign the certificate), and because this case has been litigated over and over, and Coleman has been shot down in flames over and over, there'd be very little reason why the MN Supremes wouldn't grant the motion.

The SCOTUS route might drag things out longer, but I don't think Coleman could get very far - Alito might issue a stay, but the full court would overrule him.
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csziggy Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-30-09 01:37 PM
Response to Reply #12
24. So the MNSC left it open to be appealed and allow a delay in certification - that sucks
Franken needs to apply for an order forcing the certification immediately on the grounds the delay has been damaging to the interests of the state and that a further delay will cause more damage to the citizens of the state. Prempt any appeal that Coleman tries to file!

Minnesota needs TWO senators NOW. (And I am from Florida so I am not directly affected.)
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comrade snarky Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-30-09 01:30 PM
Response to Original message
14. What was that sound?
Ah! It was Coleman getting slapped by the courts.
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E_Pluribus_Unitarian Donating Member (95 posts) Send PM | Profile | Ignore Tue Jun-30-09 01:36 PM
Response to Reply #14
21. They awoke from their slumber, and remembered...
they had work left to do. No way that a 5-0 vote should have taken so long.
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polmaven Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-30-09 01:43 PM
Response to Original message
27. Well sure, but
yesterday's 5-4 SCOTUS decision about the New Haven Firefighters becam 9-zip in Rushbow math, so, who knows?
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