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Jun 24, 2009 10:58 pm US/Central
Good Question: Senate Race: What's Taking So Long?
(WCCO)
In an era where we expect justice to be handed down in 60 minutes or less, the U.S. Senate race feels like it's gone on forever. We voted eight months ago, the state Supreme Court heard oral arguments a month ago. So what's taking so long?
"Well, it's not so long," said former Supreme Court Associate Justice Jim Gilbert.
The Minnesota Supreme Court heard oral arguments in Norm Coleman's case against Al Franken on June 1.
"The first thing we do after oral arguments is take off the robes ... then take off your coat and you loosen your tie and you sit down for a two or three hour conference," said Gilbert.
Only justices are in the room, no clerks. In this case, two of the seven have recused themselves, so there were only five justices in the room. They discuss the case, and the least senior justice goes first, sharing which way he or she think the case should go.
Generally, there's a consensus and the justice in charge of the case will assign the job of writing a decision.
"On a case like this, over 100 cases and statutes and constitutional provisions cited, over 100," said Gilbert. "When I was on the court, I read every case cited. I didn't just trust what the lawyers said the case said. I read the actual case. That takes time, you gotta read that."
Plus, according to court communications director John Kostouros, there are 75 other cases waiting for rulings. Coleman v. Franken isn't the only pending case.
Also, on August 1, the one-year term of the justices' clerks will expire, creating a rush to finish up the pending cases prior to the turnover.
According to Gilbert, it's not as if the justices are sitting around arguing the merits of the case. In fact, there isn't a lot of collaboration, he said.
"I know on this court there will be no arm-twisting at all. Each justice is gonna vote their own independent thinking on the case and let the chips fall where they may," he said.
The clerks and the justices are the only ones who know which way things will end up and Gilbert said he expected the final decision to be about 25 pages long. The justices know their decision is being closely watched.
"In a case like this, the justices know that either party more than likely will take it to U.S. Senate or U.S. Supreme Court," he explained. "It takes time."
(© MMIX, CBS Broadcasting Inc. All Rights Reserved.)
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