Last Thursday morning I was in studio to talk with Justice & Drew and Howard Root about the legal implications of Governor Dayton appointing Lt. Governor Tina Smith to the soon to be vacated (maybe) U.S. Senate seat of Al Franken. You can listen to our discussion here.
In particular, we discussed the fact that State Senator Michelle Fischbach – a Republican – is slated to ascend to the office of Lt. Governor being that she is the President of the Senate. We also discussed her desire to remain a Senator whilst serving as Lt. Governor (which is largely a ceremonial role), and Minority Leader Tom Bakk – a Democrat – seeking to have the Senate seat vacated and a special election called, with control of the Senate then being “up for grabs” (his words, not mine). Senator Fischbach, however, relies upon the Minnesota Supreme Court case of State Ex Rel. Marr v. Stearns, which is referenced in a memo from Senate Counsel as binding precedent.
To hear my prior appearances as the “Lawyer Extraordinaire” on Justice & Drew on other hot topics, click here.