Franken wins — but what’s the remedy?

The Minnesota Supreme Court has unanimously ruled that Al Franken is the winner of the 2008 Minnesota US Senate race, but has not ordered the issuance of an election certificate. I expect Minnesota GOP Governor Tim Pawlenty, who is running for President, to ignore the ruling. This ain’t over yet, unfortunately.

The Minnesota Supreme Court has unanimously decided that Al Franken won the US Senate election in Minnesota last fall. Good.

But my very cursory glance at the decision does not find any ruling on the appropriate remedy. In other words, Minnesota Governor Tim Pawlenty, who is probably going to run for President and is not running for re-election, will take his orders from the RNC, and might still say that he doesn’t agree, and refuse to sign the election certificate. So then there might have to be ANOTHER lawsuit to order Pawlenty to issue the certificate (and I don’t know Minnesota mandamus law well enough to know who wins that.).

This should be over. The Minnesota voters have decided. The law is clear. None of this has ever mattered to Republicans.

UPDATE: Maybe my worst prediction ever, and I am glad about that (although strictly speaking I was talking about Pawlenty). Coleman has conceded, and Franken will become a US Senator. Great!

Author: Jonathan Zasloff

Jonathan Zasloff teaches Torts, Land Use, Environmental Law, Comparative Urban Planning Law, Legal History, and Public Policy Clinic - Land Use, the Environment and Local Government. He grew up and still lives in the San Fernando Valley, about which he remains immensely proud (to the mystification of his friends and colleagues). After graduating from Yale Law School, and while clerking for a federal appeals court judge in Boston, he decided to return to Los Angeles shortly after the January 1994 Northridge earthquake, reasoning that he would gladly risk tremors in order to avoid the average New England wind chill temperature of negative 55 degrees. Professor Zasloff has a keen interest in world politics; he holds a PhD in the history of American foreign policy from Harvard and an M.Phil. in International Relations from Cambridge University. Much of his recent work concerns the influence of lawyers and legalism in US external relations, and has published articles on these subjects in the New York University Law Review and the Yale Law Journal. More generally, his recent interests focus on the response of public institutions to social problems, and the role of ideology in framing policy responses. Professor Zasloff has long been active in state and local politics and policy. He recently co-authored an article discussing the relationship of Proposition 13 (California's landmark tax limitation initiative) and school finance reform, and served for several years as a senior policy advisor to the Speaker of California Assembly. His practice background reflects these interests: for two years, he represented welfare recipients attempting to obtain child care benefits and microbusinesses in low income areas. He then practiced for two more years at one of Los Angeles' leading public interest environmental and land use firms, challenging poorly planned development and working to expand the network of the city's urban park system. He currently serves as a member of the boards of the Santa Monica Mountains Conservancy (a state agency charged with purchasing and protecting open space), the Los Angeles Center for Law and Justice (the leading legal service firm for low-income clients in east Los Angeles), and Friends of Israel's Environment. Professor Zasloff's other major activity consists in explaining the Triangle Offense to his very patient wife, Kathy.