The Minnesota Supreme Court today ruled that Al Franken was not entitled to be certified winner of the U.S. Senate election pending the outcome of a trial challenging his 225-vote recount lead.It's seating Franken without certification that's the catch. The GOP will go absolutely berserk should the Democrats try this, and I'd actually agree with them. Like it or not, Franken has to be certified as the winner, or the Democrats are walking into a massive trap that will delegitimize everything Franken touches, especially after Blago and Burris.The court said state law says a certificate of election cannot be issued until the state courts have finally decided an election. The court also said federal law did not require states to certify senators by the time a new term begins in January. Moreover, it said the U.S. Senate could always seat Franken even without a certification.
Even Harry Reid can see that disaster coming from a mile away, and speaking of Burris, he has his own batch of problems.
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One question concerning Franken. The Republicans will go beserk if Franken takes the seat without certification. That assumes that if Franken is someday certified (which might never happen- instead we may be headed for a re-vote) that the Republicans will accept him. They will not. He will ALWAYS be an illegitimate senator. These guys play for keeps. They will drag this thing on as long as they can until they get a re-vote or at the least make sure that that Democratic vote is not counted as long as possible. At this point I really could care less what the Republicans think. It is clear to me and many other people that Franken won this election even if it was a squeaker. A victory is still a victory. We are talking a 6 year term here unlike the Burris case where it is valid only through next years primary when the voters of Illinois can choose whether they want to boot Burris out. Most people I know in Illinois do not care about this. They are far more worried about the economy. Yes it would be nice if Burris resigned and Quinn appointed someone else but that may not happen and Quinn has boxed himself into a corner by supporting a special election that will cost a bundle and only be valid for one year! I don't give a rats ass about Republican feelings. If we keep on bending over backwards for these bullies we deserve to get our asses kicked.
You have a valid point there Dolphy, but it's much easier to make the argument that Franken is illegitimate when he's not certified by Minnesota.
That is a battle the Dems can fight, but it's a battle they will lose. If they lose it, it could in fact go as far as that dreaded re-vote. There's no legal basis for it, but it's clear that pushing too soon on seating Franken is a trap, especially after the state Supreme Court ruling.
However you're right. They will never treat Franken with any respect, so at some point the Democrats will have to seat Franken.
It's a rough decision.
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