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Live chat: Senate recount
 
11:28
Star Tribune -  

Welcome to a live chat with politics editor D.J. Tice about the Senate recount. D.J. will be here at noon to answer your questions. You can start leaving questions now.

11:58
[Comment From Guest]
After hearing the questions posed by the Supreme Court, their comments, and the comments of the lawyers from both sides, do you have a sense of how the Supreme Court may rule?
11:59

Every court observer agrees that it’s hazardous to guess what a court will do based on its questioning in a hearing like this. And then they go on to do it.

I honestly can’t judge what the justices are thinking. Clearly, though, they came in loaded -- familiar with the arguments and focused on particular issues that concern them.   They pressed both lawyers hard. I think you could say that they seemed more argumentative with Friedberg, Coleman’s lawyer. But on the other hand, they expressed more concern about the issues Coleman has raised than the trial court ever did, which seemed to slightly disconcert Elias, Franken’s lawyer.

12:00
[Comment From Karen]
Is audio of the hearing available anywhere? I would like to listen to the argument but missed it the morning.
12:00
[Comment From Albatross]
Regardless of who wins, if following the Supreme Court ruling Governor Pawlenty holds off signing the election certificate because he's waiting for the results of any Federal action, won't he be setting a very anti-state's-rights precedent that the Federal Government can overrule the representative selected by the State?
12:00

Coleman has raised a federal constitutional issue in a federal election, and few would dispute that the U.S. Supreme Court is the final authority on such a question. Except for the Senate itself, that is. So no, there’s probably not much of a “state’s rights” issue here.

12:01
By the way, we're working on an answer to the question about viewing or listening to the oral arguments.
12:02
[Comment From Chris Carlson]
What did the court focus on - procedural issues, or questions about remedies?
12:03

What stood out were questions about the possibility of illegal votes being already counted. Several justices pressed Friedberg on whether the Coleman camp had submitted enough evidence to prove that a large number of absentee ballots were counted even though they did not conform to the standards in state law.

At the same time, they pressed Elias to give an “innocent explanation” for some of the ballots Coleman did put in the record that seem to be illegal under the trial court’s standard.

The question of possible remedies did not get as much attention, at least from the justices.

 

12:04
[Comment From Jerry]
Can you tell us what the process may be from here on out? What other options does Norm Coleman have? Can this go on forever, or is Gov. Pawlenty required at some point to issue an election certificate? When does the Senate get involved?
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