May 13, 2009

Franken Files Brief in Recount Case

Update: See Eric Black at MinnPost for an analysis of Franken's reply brief.

From Election Law at Moritz (respondent Al Franken filed his brief [see Franken brief] May 11 with the Minnesota Supreme Court [See Franken case page for additional documents from the case].

Franken has already been declared the winner of the race by the unanimous ruling of the Minnesota State Canvassing Board.

Franken seeks a definitive ruling that would certify him as the winner in a "final determination of the election contest," under Minnesota Statute, "notwithstanding any subsequent action at the federal level—whether that subsequent action be through direct review by the United States Supreme Court, a separate federal lawsuit, or a proceeding in the United States Senate."

Leading national Republicans said last month that regardless of how the Minnesota Supreme Court rules, the Senate will not seat Franken, and will attempt to drag the dispute out in the federal courts.

From (ThinkProgress, May 11):

Sen. John Cornyn (R-TX), the National Republican Senatorial Committee Chairman, ... said the GOP is prepared to fight 'World War III' to prevent Franken from being seated.

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