Updated: 07/07/2009 3:41 PM KSTP.com | Print Story
By: Chris Keating

KEATING: Supreme Court has gets set to weigh in on Senate race

So now we wait.

Justices with the Minnesota Supreme Court have the case of Norm Coleman versus Franken.  And there's no telling when they'll return a decision.  However it certainly seemed they were getting their licks-in on Coleman Attorney Joe Friedberg a little more than Franken's attorney.

When a judge says to an attorney, "where is the evidence?"   It's generally not a good sign.   At the time it was in reference to Coleman's argument that the majority of county's all across Minnesota were using their own standard of rejecting absentee ballots instead of a state standard.   There are 4000 of those ballots Coleman wants counted. 

The court of course needs to be tough...after all they're being asked to rule that some of their colleagues in the lower court screwed up...a task I have found most judges don't take lightly.  And remember this is Coleman's petition, he's the one with the burden of proof.  Franken has already been declared a winner by the lower court.

Now Franken's attorney didn't get off scott free.  Marck Elias was asked if any illegal ballots were counted.  Ballots that have given his client the lead.  And he answered yes, saying, "In every election there is some ballot somewhere where a felon voted and it wasn't picked up or where someone wasn't registered and skirted around the table."  Certainly not an easy thing to admit to...but his point is that those are the rules of the game we play by.

The justices in my book don't get off either.  I would appreciate it if they allowed the attorney's to actually answer the questions they ask.  If you're going to put these two attorneys on the hot seat let them explain themselves.  There was a question Elias was asked about Due Process and whether or not it has been denied but he was cut off four words into his response by another justice!  Why?  I don't know.  I've heard it's arrogance, or a feeling that the lights and cameras are on so everyone has to perform including judges.  Whatever the case it's a disservice to the voters and yes us reporters who are looking for answers so everyone can make an informed decision, not just those wearing robes.