To "save" Coleman's seat, GOP eyes Bush v. Gore

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Senate Minority Leader Mitch McConnell (R-Ky.) on Friday first blessed the idea of encouraging Coleman to take his fight into federal appeals court and potentially all the way up to the Supreme Court. On Monday, several top Republicans continued pushing the federal courts angle, which could delay the Minnesota Senate race for several more months.

"The state court is not the final word on that, because the question in federal court is whether the guarantee of equal protection under laws in the U.S. Constitution has been violated by an inconsistent policy with regard to counting ballots," said Judiciary Committee member Jeff Sessions (R-Ala.). Sessions said he "absolutely" would encourage Coleman to take his fight to federal court if he loses.

"From what I can tell, there are legal issues well worth taking up in the [Supreme] Court," said Sen. Lindsey Graham (R-S.C.). "I think the whole Bush v. Gore - using the same standards to count votes is a big issue."

Democrats have expressed confidence that Franken would win, and the former comedian has repeatedly taken steps to prepare for a transition to the Senate. Reid has said that Coleman will "never ever" serve in the Senate again, and Sen. Charles Schumer (D-N.Y.) said that Franken could be a U.S. senator as soon as April.
"At some point, Republican senators have to be concerned about Sen. McConnell using their resources for a losing cause in 2008, rather than defending incumbents in 2010," said Eric Schultz, communications director for the Democratic Senatorial Campaign Committee.

The question for Coleman - if he loses - is whether the encouragement from his Washington colleagues would backfire in Minnesota. With continued appeals, he risks angering Minnesota voters whose support he would need if he were to follow through on a rumored run for governor.

"Whoever the loser is, they're going to have to examine how good they think their case is, whether they would have a chance of winning, what it does to the state by not having a second senator, the costs involved, all that sort of thing," said Sen. Jon Kyl (R-Ariz.), the minority whip.

On Monday, rumors circulated that if Coleman loses, he'd be in line to replace the embattled Michael Steele as chairman of the Republican National Committee, but his campaign quickly sought to rebut the claim.

Tom Erickson, a spokesman for Coleman, said that the former senator believes Steele is doing "an exceptional job, is a strong voice and leader for the party. And he looks forward to working with him to build the party when he returns to the United States Senate."

The actual ruling in the Coleman-Franken case may not be straightforward in declaring a winner. Following a seven-week trial, the judges are expected to issue a series of rulings based on arguments advanced by both sides. Either side could appeal to the three-judge panel or petition the state Supreme Court within 10 days of the ruling. And they also can choose to mount a battle in federal appeals court or eventually the U.S. Supreme Court.

Republicans are already trying to round up contributions to keep Coleman's legal fees from mounting, especially in the wake of an embarrassing episode in which Coleman donors' financial information might have been accessed by a hacker, forcing a shutdown of online contributions.

Erickson, the Coleman campaign spokesman, said Monday that the senator has raised $25 million - only a small portion of which came from online contributions - since Nov. 4 to pay for his bills during the hand recount. That should be enough to keep the lawyers paid and the litigation brewing.

"I want to do all I can to help him," said Sen. Lamar Alexander (R-Tenn.), who said he had maxed out his donations to Coleman.

"I'm sure he'll have the finances he needs to carry on this legal fight," said Sessions.
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