Kenosha News

The outcome of the Minnesota Senate contest now lies in the hands of five state Supreme Court justices who today heard oral arguments in ex-Sen. Norm Coleman's (R) appeal to overturn entertainer Al Franken's (D) 312-vote lead.

Atty Joe Friedberg -- a MN lawyer best known for his work in criminal, not election, law -- presented Coleman's argument for the counting of 4.4K additional absentee ballots, while Franken atty Marc Elias argued that the Coleman team had not met the burden of proving the trial court's ruling wrong.

On a conference call with reporters, Coleman atty Ben Ginsberg said that the Coleman team was "very encouraged" by the morning's arguments and praised the justices for their "probing questions."

"We feel very good about the arguments," Ginsberg said. "Joe did a great job."

Franken's team sounded similarly optimistic. "We're very confident in our case, in the arguments that Marc made this morning, and we're looking forward to the ruling from the court," said Franken spokesperson Jess McIntosh.

The justices peppered both sides with tough questions, but Duke Univ. Law School prof. Guy-Uriel Charles said he thought the Coleman camp faced "more extensive, more difficult and more skeptical" questioning given "the hand that Coleman was dealt."

"Coleman came into the contest behind, and he left the contest further behind," Charles told On Call in an interview. "I think he had an extremely tall pass, and that was very difficult to overcome. As valiantly as they argued, I don't think he was able to overcome it."

On the issue of an election certificate, which was not raised during today's arguments, Charles said that if Franken is ruled the winner, then he "is entitled to the election certificate."

"At that level," Charles said, Gov. Tim Pawlenty's (R) role is "ministerial." Pawlenty and MN Sec/State Mark Ritchie (D) must sign a certificate in order for the winner to be seated in the Senate.

It is unclear when the state Supreme Court will rule. Charles predicted that a decision would come in late June.

(FELICIA SONMEZ)