What the hell, it worked in 2000, right? And 
desperate times call for desperate measures--
and things have actually been desperate for the 
Party since the start of the millennium, as they
could never have prevailed without a lot of help 
from their judicial members (among other 
anti-democratic activists).

But it's right now, more than ever, that the 
Party needs to drag out its big guns; for that 
Party --Bush & Co.'s GOP--has never been as weak, 
irrelevant and hated as it is today. So
the Republicans must try to use whatever "nuclear 
options" they can formulate, so as to
sabotage Obama's program, wreck the nation, and 
then claw their way back into power.

So they are likely to approach the Bush 
Quintuplets once again, and brave whatever 
(feeble)
outcry might ensue, momentarily, from certain 
Democrats and pundits, if/when SCOTUS
steps in to abort another major popular decision.

As Paul Lehto has noted all along, Bush v. Gore, 
despite its ludicrous assertion that it has no 
precedental value, did set a precedent, and a 
fatal one at that--i.e., the precedent of SCOTUS 
arrogating to itself the grand prerogative of 
overriding the the electorate at will.

Thus has that indefensible decision (which no 
Republican would ever have defended if the
shoe were on the other foot) lain dormant, yet as 
dangerous as ever, like an unexploded
mine, because no one has yet dared to make an issue of it.

MCM  


GOP eyes Bush v. Gore to save Coleman seat
By: Manu Raju
March 17, 2009 04:16 AM EST

http://dyn.politico.com/printstory.cfm?uuid=11AC7205-18FE-70B2-A83BB8C5201C9612

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.

"He's lost the election. What he should do is 
save the people of Minnesota a lot of money and 
allow them to have a representative here," Senate 
Majority Leader Harry Reid (D-Nev.) told 
POLITICO. "I mean, everybody knows that he's lost 
the election. Talk to anyone who's watched the 
proceedings the last week or two."

Asked whether Franken should appeal if he loses, 
Reid smiled and said: "He won't lose."

Senate Minority Leader Mitch McConnell (R-Ky.) on 
Friday first blessed the idea of encouraging 
Coleman to take his fight into federal appeals 
court and potentially all the way up to the 
Supreme Court. On Monday, several top Republicans 
continued pushing the federal courts angle, which 
could delay the Minnesota Senate race for several 
more months.

"The state court is not the final word on that, 
because the question in federal court is whether 
the guarantee of equal protection under laws in 
the U.S. Constitution has been violated by an 
inconsistent policy with regard to counting 
ballots," said Judiciary Committee member Jeff 
Sessions (R-Ala.). Sessions said he "absolutely" 
would encourage Coleman to take his fight to 
federal court if he loses.

"From what I can tell, there are legal issues 
well worth taking up in the [Supreme] Court," 
said Sen. Lindsey Graham (R-S.C.). "I think the 
whole Bush v. Gore - using the same standards to 
count votes is a big issue."

Democrats have expressed confidence that Franken 
would win, and the former comedian has repeatedly 
taken steps to prepare for a transition to the 
Senate. Reid has said that Coleman will "never 
ever" serve in the Senate again, and Sen. Charles 
Schumer (D-N.Y.) said that Franken could be a 
U.S. senator as soon as April.
"At some point, Republican senators have to be 
concerned about Sen. McConnell using their 
resources for a losing cause in 2008, rather than 
defending incumbents in 2010," said Eric Schultz, 
communications director for the Democratic 
Senatorial Campaign Committee.

The question for Coleman - if he loses - is 
whether the encouragement from his Washington 
colleagues would backfire in Minnesota. With 
continued appeals, he risks angering Minnesota 
voters whose support he would need if he were to 
follow through on a rumored run for governor.

"Whoever the loser is, they're going to have to 
examine how good they think their case is, 
whether they would have a chance of winning, what 
it does to the state by not having a second 
senator, the costs involved, all that sort of 
thing," said Sen. Jon Kyl (R-Ariz.), the minority 
whip.

On Monday, rumors circulated that if Coleman 
loses, he'd be in line to replace the embattled 
Michael Steele as chairman of the Republican 
National Committee, but his campaign quickly 
sought to rebut the claim.

Tom Erickson, a spokesman for Coleman, said that 
the former senator believes Steele is doing "an 
exceptional job, is a strong voice and leader for 
the party. And he looks forward to working with 
him to build the party when he returns to the 
United States Senate."

The actual ruling in the Coleman-Franken case may 
not be straightforward in declaring a winner. 
Following a seven-week trial, the judges are 
expected to issue a series of rulings based on 
arguments advanced by both sides. Either side 
could appeal to the three-judge panel or petition 
the state Supreme Court within 10 days of the 
ruling. And they also can choose to mount a 
battle in federal appeals court or eventually the 
U.S. Supreme Court.

Republicans are already trying to round up 
contributions to keep Coleman's legal fees from 
mounting, especially in the wake of an 
embarrassing episode in which Coleman donors' 
financial information might have been accessed by 
a hacker, forcing a shutdown of online 
contributions.

Erickson, the Coleman campaign spokesman, said 
Monday that the senator has raised $25 million - 
only a small portion of which came from online 
contributions - since Nov. 4 to pay for his bills 
during the hand recount. That should be enough to 
keep the lawyers paid and the litigation brewing.

"I want to do all I can to help him," said Sen. 
Lamar Alexander (R-Tenn.), who said he had maxed 
out his donations to Coleman.

"I'm sure he'll have the finances he needs to 
carry on this legal fight," said Sessions.
© 2009 Capitol News Company, LLC

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