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Al Franken must feel like he's been held back a grade.

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Kurt_and_Hunter Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-23-09 07:50 PM
Original message
Al Franken must feel like he's been held back a grade.
While he has to cool his duly elected heels three appointees few had even heard of have rocketed into the senate ahead of him.

Lesson: Elections... avoid them when possible.
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wmbrew0206 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-23-09 07:54 PM
Response to Original message
1. He'll probably have to cool them for a bit longer.
Coleman is determined to take his contesting of the results of this election to the USSC and is counting on a 5-4 win to overturn Franken's win.
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Kurt_and_Hunter Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-23-09 07:59 PM
Response to Reply #1
2. Hard to imagine them taking the case (but that went for Bush v. Gore also)
Not only do they traditionally try to avoid "political questions," but the Senate is the sole arbiter of elections and returns in the constitution.

If the SCOTUS did get involved I'd want the Senate to seat Franken despite any ruling. Ideally Congress should seat anyone who shows up with the state certification of election, but if the situation turned into a 2000 type deal I'd want the Senate to seat Franken in the face of any court decision because it's their call to make.
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wmbrew0206 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-23-09 08:08 PM
Response to Reply #2
4. Here is what Coleman is basing his hopes on:
http://online.wsj.com/article/SB123197800446483619.html

The Senate is not the sole arbiter of elections and returns. Hypothetically, playing devil's advocate here, if the USSC stated that recount was unconstitutional based off of the US Constitution, there is not a thing the Senate could do about it, since the USSC is chrged with interpreting the Constitution.

Do you really see Reid standing up to the USSC after he backed down on Burris?
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Hassin Bin Sober Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-23-09 09:22 PM
Response to Reply #4
9. It's funny how the author of that article claims Bush v. Gore is the law of he land..
....when, in fact, the Supreme Court went out of their way to state their bull-shit ruling was not to be used as precedent - because it would invalidate most elections in this country.
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Mnpaul Donating Member (754 posts) Send PM | Profile | Ignore Fri Jan-23-09 11:35 PM
Response to Reply #4
10. The author of that opinion piece is a hack
"Our consideration is limited to the present circumstances, for the problem of equal protection in election processes generally presents many complexities." Bush v. Gore, 531 U.S. 98, 109 (2000).

Bush vs Gore is not the law of the land.
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hughee99 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-23-09 09:20 PM
Response to Reply #2
8. If I recall correctly, in Florida 2000, the state legislature was supposed to be
the "sole arbiter" of elections and returns, but both state and federal courts got involved based on "equal protection".
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MarjorieG Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-23-09 08:52 PM
Response to Reply #1
6. Bush v Gore outcome, and reason Kerry checkmated in OH, was that states trump federal.
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wmbrew0206 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-23-09 08:59 PM
Response to Reply #6
7. I'm not a lawyer, so I'm not sure of the details, but I think the author of that article
is saying that the federal trumps state when it is about the Equal Protection Clause.

Again, I am not a lawyer and it is clear that the author is a right winger, so I'd like to hear your opinion on that theory.
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dbonds Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-23-09 08:07 PM
Response to Original message
3. I bet he feels like he was wrong poo poo-ing the election fraud people of 2004
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HowHasItComeToThis Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-23-09 08:09 PM
Response to Original message
5. COLEMAN IS COMPLICATE IN THE DOJ ATTORNRY FIRINGS
Edited on Fri Jan-23-09 08:10 PM by YEBBA
JUST YOU WATCH
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jillan Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-23-09 11:44 PM
Response to Original message
11. We need to get him in the Senate ASAP.
I heard Coleman already got another job - at a newspaper or something.

This is ridiculous.


I don't know about the rest of you, but I cannot wait to hear Franken on the Senate floor giving a speech....
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