The Minnesota Supreme Court handed down its highly-anticipated ruling today in Cullen v. Franken, the court battle over the heavily litigated 2008 Minnesota Senate election contest between incumbent Republican Norm Coleman and his Democratic challenger, former Saturday Night Live writer and commedian Al Franken. In a unanimous, 32-page decision, all five justices sided with Franken, finding none of the due process claims that Coleman argued to be persuasive.
That decision follows a lower court decision, in which a three-judge panel unanimously ruled in favor of Franken as well. Today's ruling is the latest in what has been a six-month long battle to decide which man will represent the Land of 10,000 Lakes in the Senate.
One provision, however, was conspicuously absent from the Court's decision: there was no order mandating Republican Governor Tim Pawlenty to sign Franken's certificate of election, which would allow Democrats in the Senate the opportunity to seat what would be their 60th Senator.
Theoretically, Coleman still has legal option if he wants to delay the process further, though his ultimate success is highly unlikely. Starting today, Coleman has a ten-day period in which he can file a writ of certiorare in the United States Supreme Court, or alternatively, an application for a stay. Neither, however, has a high probability of being granted by the Court.
If Coleman does, in fact, contest the finding of the Minnesota Supreme Court, Governor Pawlenty would have a reason to delay signing election certificate for just awhile longer, depriving Senate Democrats of Franken's vote until the Court can either accept or reject Coleman's appeal. However, if- as many expect- Coleman concedes within the next few days, Pawlenty will likely sign the certificate, signaling the end of a long, hard-fought battle from both sides of the aisle.
Democrats are eager to seat Franken, as key votes on health reform and other White House legislative priorities are ongoing.
