By GUY-URIEL E. CHARLES
Last update: April 13, 2009 - 5:37 PM
Ordinarily, I’m a big fan of litigation. I teach law students civil procedure — the rules involved in suing people. I do not teach alternative dispute resolution; that’s for the Kumbayah crowd. There’s nothing wrong with suing, and if you don’t believe me, wait until you’ve been mistreated and are looking for justice. It’s a civilized method of resolving disputes, even election disputes, and is certainly superior to the guns and grenades used in some countries. So say it loud, say it proud: Litigation is good ... ordinarily.
In the seemingly endless U.S. Senate election in Minnesota, litigation may not be so good. Norm Coleman’s camp is realizing what many election lawyers have long appreciated. Once the count is certified by the Canvassing Board and a candidate is declared the leader, even by a mere 225 votes out of 3 million, an election contest lawsuit is a useful strategy only when the electoral margin is extremely narrow or when large-scale mistakes in vote-counting has been made. A margin of 225 votes is much too wide to overcome unless there have been clear large-scale mistakes that consistently prejudiced one candidate as against the other candidate ...
Unfortunately for Coleman, his prospects always depended upon a miracle. He wanted before and wants now more ballots to be counted. But the more ballots that are counted — by election officials, the Canvassing Board and the trial court — the better Al Franken does ...
A good lawyer should know when further litigation is fruitless, and a good politician should abide by the same guiding principle ...
http://www.startribune.com/opinion/42930447.html?elr=KArksLckD8EQDUoaEyqyP4O:DW3ckUiD3aPc:_Yyc:aUUsZ