On January 12, Franken filed a motion to dismiss Coleman's contest, claiming it was "an imprecise and scattershot pleading". He argued that even if the contest were to proceed, the three-judge panel should be limited to determining who would be awarded the already certified ballots and to a simple, mathematical recount to ensure the accuracy of the canvassing board's count, while no additional ballots should be reviewed. On January 22, Franken's attorneys also argued that the case should not go to trial because the U.S. Senate itself, rather than the court system, has the power under the United States Constitution to judge the election of its own members. Franken's motion to dismiss was denied by the panel on January 23.