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By Eric Black | Published Tue, Feb 3 2009 12:26 pm
The Capitol Hill publication Roll Call today updates the status of Senate Dems efforts to provisionally seat Al Franken pending the outcome of the court case. Here's the link, but it's subscription only.
Bottom line of reporter David Drucker's piece, based on interviews with various anonymous Senate aides: Despite Majority Leader Harry Reid's various threats to make it happen soon, it ain't happening. Mostly because all 41 Senate Repubs have signed a letter opposing it, which means the Dems don't have the votes to break a filibuster. Also because in the early days of the kerfuffle over whether to seat Roland Burris of Illinois (his appointment, but not himself tainted by Blagojevich connection), Reid relied on the fact that Burris didn't have a valid state certificate of appointment. Burris then got the certificate and now has the seat. Franken, because of an unusual feature of MN law, can't get a certificate while the election result is in the contest phase.
Reminder: Franken's legal team is challenging that interpretation of state law and is seeking a court order compelling Gov . Pawlenty and Secretary fo State Ritchie to issue the certificate immediately. The argument seems like a no-hoper to me because the state law is so darn clear. But the Franken suit is scheduled for argument Thursday morning before the MN Supreme Court.
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