I think they should just have another revote, but I’ve heard that’s a tough nut to crack because of costs and legal issues. So I understand why some want to lean on the courts.
â€œThe most obvious, clean resolution is resolution by the [current] three-judge court, with no appeal,â€ says [Guy] Charles, a University of Minnesota Law School professor who is teaching at Duke University Law School this year. The next, least-complicated scenario: A decision from the current court is appealed to the state Supreme Court, but with no further appeal or recourse to any other venue.
â€œI donâ€™t think those two are likely,â€ Charles says. He sees the losing side pressing its case to the U.S. Supreme Court. But it may not get there. â€œI would be surprised if the court accepted the petition,â€ he says.
That would leave the state high courtâ€™s decision standing. â€œI think the decision of the Minnesota Supreme Court will be the final decision,â€ Charles says.
Still, do Minnesotans really want their next Senator being chosen by judges? Seems like I remember something like this happening 8 years ago and we weren’t too happy with the result.
Also, a decision like this immediately throws the Senator’s credibility into question, and that’s the exact opposite of what you want if you’re representing your state.
Last question…why haven’t we figured this stuff out by now? Because the idea that we’re still having issues with how we count votes is CRAZY.