Rick Valelly emails:

For what it’s worth, I think that there is an interesting mistake in the MN Supreme Court’s opinion denying Franken’s petition for an order to the Governor and the Secretary of State that Minnesota issue a certificate for him. The Court — glossing Roudebush v. Hartke — reads Smiley v. Holm (a case from Minnesota ironically) as saying that Article 1 section 4 gives any state the authority to establish “a complete [election] code.” That’s not what Chief Justice Hughes said, though, in Smiley. He said that Article 1 Section 4 gives Congress the authority to establish a “complete code.” The mistake does not disturb the finding, as far as Ican tell — but it’s a curious misreading of Smiley.