Under Minnesota election contest statute, the Chief Justice of the Minnesota Supreme Court is to appoint three judges to preside over the contest, The contest itself is a judicial proceeding to determine which candidate won the most legally cast ballots.
Minnesota Supreme Court Chief Justice Eric Magnuson was a served member of the Board of Canvassers in the Coleman-Franken recount. He has recused himself in all Supreme Court proceedings involving the recount. As we anticipated, he has recused himself from exercising his statutory power to appoint the election contest judges.
As a result, the Court’s most senior member will appoint the election contest judges. The Court’s most senior member is former Viking Alan Page, the only NFL Hall of Famer ever to serve on the bench. He is also the only member of the Court who joined it originally by election rather than appointment. I have long thought that as a result of his work for the Vikings, he may be the most popular Democrat in the state of Minnesota. Rachel Stassen-Berger leaves some question regarding Justice Page’s political affiliation, but concedes that “he is thought to be a Democrat.”
To say the least, it’s a bizarre twist in what has already proved to be a long and winding road road.
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