Who Gets Seated First: Sotomayor Or Franken? (TPM)

[underpants]

http://tpmdc.talkingpointsmemo.com/2009/05/who-gets-seated-first-sotomayor-or-franken.php

By Eric Kleefeld - May 26, 2009, 12:48PM

As a question of legal process, it's now worth asking who will successfully be seated to their aspirational office first: Supreme Court Justice Sonia Sotomayor -- or Sen. Al Franken (D-MN)?

I asked Prof. Larry Jacobs from the University of Minnesota, and he explained to me that it really comes down to what happens next after Franken presumably wins against Norm Coleman's appeal at the Minnesota Supreme Court. Does Franken get his certificate of election immediately -- which would require the signature of Republican Gov. Tim Pawlenty -- or will Coleman be able to successfully delay it further?

"It's gonna pivot on two things," said Jacobs. "What is it the Minnesota Supreme Court does? Is it a decisive margin and do they provide clear instructions -- which I think they will -- and it depends on Pawlenty's presidential aspirations."

If Franken can get a certificate right after the state Supreme Court presumably rules in his favor, which Jacobs said is likely to happen by early July, then he would potentially be seated at about the same time as Sotomayor's confirmation process will be finishing up. At that point, it would be a genuine toss-up for who gets seated first. But what if he can't get the certificate?

If the state Supreme Court's ruling is unanimous or a 4-1 margin, with clear instructions that a certificate must be issued, at that point Pawlenty would most likely sign it. But if he were to hold it up, and/or if Coleman can take this into the federal courts, it would get tricky.

"You walk through the pacing of what's gonna happen here, and assume that Coleman loses," Jacobs explained. "He's gonna have to put together a brief, file it with the federal court. It's quite likely that the federal court - let's take the optimistic scenario and think a federal court agrees to hear it, that's gonna take weeks. Then you're gonna have him filing briefs, counter-briefs by Franken. That's just weeks and weeks and weeks. So you start in July, it goes into early Fall. If the federal court refuses to hear it, then you have it appealed up the chain of command."

[grantcart]

1. Franken wil be seated by June 15

[Mind_your_head]

2. Seat Franken already!

Stop all of this USELESS dicking around. Scheesh.

:yoiks:

[Doctor Cynic]

3. Pawlenty's presidential aspirations???

I think they're as dead as a dodo now.

[Stellabella]

4. Let us hope. He's really hurt this state.

And he'd be as much of a disaster in any higher office.

I just want to figure out how to incorporate the 35W bridge disaster into his name. It was his fault because he kept vetoing MNDOT funds.

[Nikki Stone1]

5. I don't understand why Al isn't already seated.

And where is our leadership? Are the Dems really going to allow Coleman to fight this silly battle all the way to the Supreme Court? Is he hoping for another Bush v. Gore?