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Tuesday, June 30, 2009

As Expected, Minnesota Supreme Court Kills GOP Hopes, Hands POTUS Barack Obama Filibuster Proof Senate Majority & Says Al Franken Beat Norm Coleman.



Read the court's opinion here.

Important points made by the court, while affirming the three-judge panel's ruling that declared Franken the winner, are as follows:

In the Matter of the Contest of the General Election held on November 4, 2008, for the purpose of electing a United States Senator from the State of Minnesota, Cullen Sheehan and Norm Coleman, contestants, Appellants vs. Al Franken, contestee, Respondent.
Ramsey County.

1. Appellants did not establish that, by requiring proof that statutory absentee voting standards were satisfied before counting a rejected absentee ballot, the trial court's decision constituted a post-election change in standards that violates substantive due process.
2. Appellants did not prove that either the trial court or local election officials violated the constitutional guarantee of equal protection.
3. The trial court did not abuse its discretion when it excluded additional evidence.
4. Inspection of ballots under Minn. Stat. ยง 209.06 (2008) is available only on a showing that the requesting party cannot properly be prepared for trial without an inspection. Because appellants made no such showing here, the trial court did not err in denying inspection.
5. The trial court did not err when it included in the final election tally the election day returns of a precinct in which some ballots were lost before the manual recount.
Affirmed. Per Curiam.

Editor's comment: you are free now to call Al Franken Mr. Senator from Minnesota, and any chance Republicans have of filibustering POTUS Barack Obama's legislation or court appointments has now evaporated.

As for any chance of the U. S. Supreme Court taking up the case -- there is NO CHANCE of that happening.

The issue is now up to the U. S. Senate, which has the power to sit -- or refuse to sit -- Al Franken.

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