Norm Coleman and the Supreme Court: The Standard for Getting a Stay

A number of reporters have asked me about the kind of relief that Norm Coleman might seek from the U.S. Supreme Court if he loses in the Minnesota Supreme Court. I have explained that Coleman might ask for a stay of the Minnesota court’s judgment pending a decision on a writ of certiorari, and that the standard for getting a stay is a pretty tough one (though George W. Bush got one in Bush v. Gore to stop the Florida statewide recount of undervotes which had been ordered by the Florida Supreme Court.)
A good indication of the standard the Court would use comes from this order just issued by the Supreme Court denying a stay of the Chrysler sale to Fiat. It is a tough sell.
I’ve indicated here why I think Coleman would need to seek such a stay to avoid Franken being seated by the Senate if Coleman loses before the state supreme court.

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