I notice that I made it through the month of February without commenting on Norm Coleman's contest of our U.S. Senate race here in Minnesota. It was on January 26, in "Coleman flails away, looks more ridiculous," that I dipped into Minnesota election law and argued that, with the lawyer-talk pared away, Coleman was essentially asking the three-judge panel hearing his contest to overturn those laws and to make new ones that might yield the result he desires--a highly unlikely outcome that, if it came to pass, would be an obvious instance of the kind of "judicial activism" that Republicans purport to abhor.
In February, Coleman's prospects dimmed. Decisions rendered by the judges suggested their view of the merits of his case is roughly in line with mine. It became apparent, too, that Coleman's team had pretty much given up on prevailing in the contest. They have now rested their weak case, and in the later stages it was clear, from their arguments in court and their comments to the press, that their sights had shifted to yet other courts--the Minnesota Supreme Court and, if necessary, the federal court system, including possibly the U.S. Supreme Court.
Of course there is also the court of public opinion. Coleman's chances there are as poor as anywhere. His lawyers are now plainly hinting that they want a "do-over"--another election, for which there is no provision in Minnesota law, and which Coleman, largely on account of his actions since last election day, would have no chance of winning.
One reads repeatedly in journalistic accounts of the proceedings the phrase, "attorneys for Norm Coleman," but it became evident awhile ago that it is not Norm Coleman's interests that his attorneys are pursuing. The law governing close federal elections has been followed, the result is a narrow win for Al Franken, and Coleman, having failed with the voters, is not going to win back his seat in court. His attempts to do so are running his bad name into the nether regions. As "attorneys for Norm Coleman," his team is a colossal failure.
His legal team is, however, keeping Al Franken from becoming the fifty-ninth Democrat in the U.S. Senate.
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