A state court could rule any day now on Norm Coleman’s challenge to Al Franken’s 225-vote lead in Minnesota, but the race may be far from over no matter what the judges say.
Top Republicans are encouraging Coleman to be as litigious as possible and take his fight all the way to the U.S. Supreme Court if he loses this round, believing that an elongated court fight is worth it if they can continue to deny Democrats the 59th Senate seat that Franken would represent.
And in pushing a possible Supreme Court conclusion, Republicans are raising case history that makes Democrats shudder: Bush v. Gore.
Coleman’s team says the different methods Minnesota counties use for counting absentee ballots violated the Constitution’s equal protection clause — echoing the same 2000 Florida recount case that effectively handed the presidency to George W. Bush. By making a constitutional case, Republicans are already looking ahead to federal court.
“The Supreme Court in 2000 said in Bush v. Gore that there is an equal protection element of making sure there is a uniform standard by which votes are counted or not counted, and I think that’s a very serious concern in this instance,” said Texas Sen. John Cornyn, chairman of the National Republican Senatorial Committee. “I’m not making any predictions, but I wouldn’t be surprised” if it ended up in federal court.
Democrats believe Coleman is just running the clock, delaying the inevitable.
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