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Edward B. Foley
Free & Fair is a collection of writings by Edward B. Foley, one of the nation's preeminent experts on election law.

Topic-by-Topic Coverage (MN Senate race 2008)

Recent News & Analysis

Below are the most recent News & Analysis posts on MN Senate race 2008. See All News & Analysis on MN Senate race 2008

6/30/09
MN Supreme Court Rules in Coleman v. Franken

The Minnesota Supreme Court has issued an opinion (6/30) affirming the decision of the trial court that Al Franken received the highest number of votes legally cast and is entitled to receive the certificate of election as U.S. Senator from the state of Minnesota [See EL@M case page for additional information].

5/15/09
Coleman Files Reply Brief

The Appellants have now filed the Reply Brief (5/15) with the Minnesota Supreme Court.

5/12/09
Franken Files Brief in Recount Case

Respondent Al Franken filed his brief yesterday (5/11) with the Minnesota Supreme Court [See EL@M case page for additional documents].

4/30/09
Coleman Files Brief in Minnesota Recount Case

The first brief has been filed today (4/30) by the appellants with the Minnesota Supreme Court.

4/24/09
Minnesota Recount - Order Setting Date for Arguments

The Minnesota Supreme Court has entered an Order (4/24) establishing a schedule for briefs and has set a date of Monday, June 1 to hear arguments on the election dispute.

Recent Commentary

Below are the most recent Commentaries on MN Senate race 2008 . See All Commentaries on MN Senate race 2008

7/1/09
The Rhetoric of a "Stolen" Election

The following is an email I sent to Rick Hasen's Election Law "listserv" when I saw his reference to the Wall Street Journal's editorial on the resolution of the U.S. Senate election in Minnesota:

I was very disappointed to see the Wall Street Journal editorialize: “Mr. Franken now goes to the Senate having effectively stolen an election.”   This provocative accusation is highly irresponsible, both (a) in terms of U.S. domestic politics and the public's understanding of its own democracy and (b) our consideration of international standards regarding the conduct of elections, brought so dramatically to the fore by Iran. 

6/30/09
Impressive Unanimity: the Historical Significance of Coleman v. Franken

The Minnesota Supreme Court's decision in the Franken-Coleman case will begin its life as one of the most legally significant resolutions of a disputed election in U.S. history.

6/1/09
Conscientious Judging on Display

For anyone watching the Minnesota Supreme Court in today’s oral argument of Coleman v. Franken, the impression should have been one of judges striving to find the right answer according to the law and the record of the case. 

5/14/09
Factual Points and Uncertainties Relevant to the Coleman v. Franken Appeal

Reading both Coleman’s and Franken’s appellate briefs—Coleman’s reply is due Friday—has caused me to dig deeper into the factual details concerning this case. I thought I knew this case fairly well from attempting to follow it closely throughout its entirety. But the deeper I dig, the more I learn, and the more I realize I don’t know, or am unsure of, about the record. 

5/5/09
State Law Issues Loom Large in Coleman v. Franken Appeal

When Coleman filed his opening brief in the Minnesota Supreme Court last week, initial observations were that the brief essentially just repeated the federal-law Equal Protection argument that had been the centerpiece of Coleman’s case before the trial court. To be sure, Equal Protection remains a large part of Coleman’s argument on appeal. (It would be surprising if it weren’t.) But I was struck by how prominently issues of state law feature in Coleman’s appeal. 

Recent News Stories

Below are the most recent News Stories on MN Senate race 2008. See All News Stories on MN Senate race 2008

8/15/09
TV stations sue to get copies of rejected ballots

Five Minnesota television stations have filed a lawsuit in a bid to get copies of rejected absentee ballots cast in the U.S. Senate contest between Al Franken and Norm Coleman.

7/9/09
Coleman's Numbers In Minnesota Are Lousy, Damaged By Recount Fight

A new survey of Minnesota by Public Policy Polling suggests that Coleman has still got a long way to go if he wants to come back.

7/7/09
A recount to make Minnesota proud

The Great Minnesota Recount is over, and today Al Franken will assume his seat as our junior senator.

7/6/09
Al Franken: From satirist to senator

Franken's political aspirations weren't fantasy, and eight months after Election Day, the Democrat will be sworn in as an office-holder, representing Minnesota in the Senate.

6/30/09
Minnesota Supreme Court Decides in Favor of Al Franken

Sarah Janecek of Politics in Minnesota discusses the state supreme court's decision in favor of seating Al Franken in the U.S. Senate and not opponent Norm Coleman. Janecek will offer her thoughts on the contentious election, the expectations for Franken, what's next for Coleman and more.

Current Litigation

Below are the Active Cases on MN Senate race 2008 . See All Current and Archived Cases on MN Senate race 2008