The Minnesota Supreme Court heard oral arguments on Franken's request for a certificate of election now, at least on an interim basis, so that Minnesota's empty seat can be filled without waiting the months it may take for the courts to resolve Coleman's separate lawsuit over the recount, which gave Franken a 225-vote advantage.

The justices took the case under advisement and didn't say when they might rule, but their many questions suggested they were skeptical of Franken's arguments.

GOP Gov. Tim Pawlenty and Democratic Secretary of State Mark Ritchie have rejected Franken's demand for the certificate, which he would need under Senate rules to take the seat Coleman had to vacate early last month as the new Congress convened.

Franken lawyer Marc Elias told the court Thursday that citizens are being deprived of their right to have two senators as Congress decides critical questions. He suggested that Minnesota was obligated under the Constitution and federal statutes to have two senators in place when Congress convened early last month.