Tuesday, April 14, 2009

What Others are Saying

Below are comments from a recently received press release. I think they are all wrong, everyone of them. Former Senator Coleman needs to fight with every breath, every penny, and every bone in his body. It is important for his political irrelevance!


Former GOP Gov. Arne Carlson:
One of those GOP dissenters is the state's former governor, Arne Carlson, who said in an interview prior to the issuance of Monday's ruling that Coleman's legal maneuvering represents a “gross misuse of the American judicial system.” ... “Increasingly, it's becoming obvious that the Republican Party would like the seat to remain vacant to prevent the Democrats from having a 59th seat.”
(Politico, “3 judge panel declares Franken winner.” April 13, 2009. )

Former GOP Congressman Joe Scarborough:
“When are the Republicans going to give up the ghost on this? Seriously. Norm, I like you. You lost, okay? Can we seat a senator so Amy [Klobuchar] doesn't have to do the job of two Senators? This is not... It is seriously not fair to constituents in Minnesota to drag this out any longer. It’s over Norm, okay? It’s over.”
(MSNBC via Huffington Post, “Scarborough to Coleman: “You Lost... It Is Over.” April 14, 2009. )

Former GOP Sen. David Durenberger:
Durenberger said that he would not pressure Coleman to quit. But he added: “If it were me, I would not” continue appealing beyond the state Supreme Court.
(Politico, “3 judge panel declares Franken winner.” April 13, 2009. )

Mankato Free Press Editorial Board:
To say Minnesotans are weary of the ongoing court review of the Al Franken and Norm Coleman election count would be an understatement. With virtually all legal arguments and the vote total going in Franken’s favor throughout the review process, many Minnesotans are saying Coleman should accept the inevitable now and not appeal to the state’s high court. ... If, however, the high court either allows the three-judge panel’s ruling to stand, or takes the case for review and ultimately rules against Coleman, Franken should be seated in the U.S. Senate. ... Dragging a losing case into the federal court system would smack more of political tricks than a sincere attempt to clarify state election law.
(Mankato Free Press, “Our View: Election review shouldn’t go to federal courts.” April 13, 2009. )

National Review editor Kate O’Beirne:
“It might well be time for him to acknowledge a Franken win.”
(Bloomberg TV, “Political Capital.” April 11, 2009. )

USA Today Editorial Board:
On a deeper level, though, this case is sadly emblematic of the dwindling sense of public service among aspiring public servants. Minnesotans, who take pride in the state's reputation for civility, are clearly tiring of the ordeal. Yet the win-at-any-cost struggle continues, prodded by partisans and parties. ... The further Coleman's case goes up the judicial ladder, the more strained its reasoning sounds. It is one thing to ask a trial court to review the work of election authorities to make sure they carefully followed the law and their own guidelines. It is another to say that in making a series of tough calls on individual ballots, they grievously violated some important legal or constitutional principle.
(USA Today Editorial, “Coleman vs. Franken.” April 13, 2009. )

Election law expert Rick Hasen:
“It is the kind of opinion that is unlikely to be disturbed on appeal by either the Minnesota Supreme Court or the United States Supreme Court,” said Richard Hasen, an expert on election law at Loyola Law School in Los Angeles. "The opinion considers the major arguments made by Coleman and rejects them in a detailed and measured way."
(Star Tribune, “Judges rule Franken winner; Coleman to appeal.” April 14, 2009. )

University of Minnesota Law Professor Guy-Uriel E. Charles:
Unfortunately for Coleman, his prospects always depended upon a miracle. He wanted before and wants now more ballots to be counted. But the more ballots that are counted — by election officials, the Canvassing Board and the trial court — the better Al Franken does. Go figure. A good lawyer should know when further litigation is fruitless, and a good politician should abide by the same guiding principle. ... He has a legal right to pursue this lawsuit to the bitter end. But he has taken his best shots and consistently has lost ground. Further appeals will only delay the inevitable conclusion: Al Franken has won the seat.
(Star Tribune, “Nice fight, Norm, but it’s over.” April 13, 2009. )

Moritz College of Law Professor Edward B. Foley:
But when a trial court has been as evidentially impartial as this one, one might hope that the losing party does not try to get the higher court to reach a different outcome—a hope equally to be felt if Coleman had been the victor in this court. What does it say about any candidate who attempts to overturn an impartial ruling, based on the evidence and the law, which would have been the same even if the parties had been reversed in the case? Is the candidate simply trying to find a different tribunal that won’t be impartial? To be sure, it is theoretically conceivable that a three-judge panel could be impartial and unanimous (as this one consistently has been) but mistaken, and that an equally impartial appellate court might unanimously reach the opposite conclusion. Theoretically conceivable, but quite unlikely.
(Election Law @ Moritz, “Opinion: Out from the Shadows of Bush v. Gore.” April 14, 2009. )

University of Minnesota Professor Larry Jacobs:
Added University of Minnesota political scientist Lawrence Jacobs: “This is judicial speak for 'nothing here,' and it is most definitely aimed at the appeals process. It's a signal that they are supremely unimpressed by the Coleman case.”
(Star Tribune, “Judges rule Franken winner; Coleman to appeal.” April 14, 2009. )

University of Minnesota Professor Kathryn Pearson:
“People may grow quite tired of this,” Pearson said. “Most people believe it was reasonable to appeal through the Minnesota system, but I think when it becomes a federal question there are political costs involved, and he has to weigh those very carefully.”
(Fox 9, “Franken Wins Minn. Senate Seat by 312 Votes.” April 13, 2009. )

No comments: