
In an acknowledgment of his grave condition, and that health care reform may be on the rocks, the ailing Sen. Ted Kennedy (D-MA) has asked Governor Deval Patrick and Massachusetts' legislative leaders to change the state's election laws to allow Patrick to appoint a temporary replacement to the Senate in the event of Kennedy's death.
"I strongly support that law and the principle that the people should elect their senator,'' Kennedy wrote in a letter to Patrick. "I also believe it is vital for this Commonwealth to have two voices speaking for the needs of its citizens and two votes in the Senate during the approximately five months between a vacancy and an election.''
Current law requires the state to hold an election within 160 days (though no sooner than 145 days) in the event of the vacancy. That could leave Kennedy's seat empty--and Democrats shy one vote--for months at a time when every vote may be necessary to pass landmark health care legislation, Kennedy's lifetime cause.
Until 2004, the Massachusetts governor had the power to appoint a semi-permanent replacement in the event of a vacancy, but the legislature changed the law out of concern that Sen. John Kerry (D-MA) would win the presidency, and then-Governor Mitt Romney would replace him with a Republican.
Kennedy was diagnosed with brain cancer in May 2008.
Former Federal Employee
August 20, 2009 9:31 AM
Wow.
I hope that I face my mortality with as much grace as that.
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SharonWraight
August 20, 2009 10:52 AM in reply to Former Federal Employee
Indeed, what a poignant time, and what a grasp of life and history he has. Very moving.
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The Commenter Formerly Known as NCSteve
August 20, 2009 11:32 AM in reply to SharonWraight
Well, he's not going to let the one thing he's been fighting for his whole life, his life's work in a very real sense, fail because of this if he can possibly avoid it. I suspect he may even resign if Massachusetts passes the law out of concern he could be in a coma or otherwise mentally impaired when the vote comes. But failing passage of the bill in Mass., I guarentee you nothing short of a coma will keep him from voting for it, even if they have to wheel him and a bunch of equipment onto the floor in a gurney to do it.
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_jonny_5_
August 20, 2009 1:12 PM in reply to The Commenter Formerly Known as NCSteve
Even if we was to die on the senate floor he would make this vote.
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WestRox
August 20, 2009 3:00 PM in reply to The Commenter Formerly Known as NCSteve
I moved to Mass from Illinois in 04. I had done some minor volunteer work for Pres. Obama [still not believing we did it] in his senate primary. I was sad not to be there to help him win the general election. But, I GOT TO VOTE FOR Ted Kennedy's last one.
Sorry for all the exposition . . . just some backstory.
Look, I will let him ride me like a donkey onto the Senate floor so that he may cast his vote if necessary.
Go Red Sox !!
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Steve LaBonne
August 20, 2009 9:32 AM
The last proof of greatness from a great man. How he'll be missed.
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Moose49
August 20, 2009 9:41 AM
That's a brave move for him to make. I hope Patrick and the legislature act immediately. If nothing else, it would be a way to ensure that health care reform is Senator Kennedy's greatest legacy.
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mike from Arlington
August 20, 2009 10:00 AM
Tragic irony the man who has spearheaded the health debate for decades may not get to vote on the legislation he so dearly wanted for America.
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Progressive Party
August 20, 2009 10:08 AM
Sen Kennedy is practicing end of life counseling for the good of the country. I am sadden by his reality and he is still driving this need for the good of the country.
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MAX TARDCORE
August 20, 2009 11:30 AM in reply to Progressive Party
It's a better "death panel" than his brothers got. Oddly, though, I doubt the conserv*O*bots would agree.
Nixon's the One!
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shooter242
August 20, 2009 10:58 AM
Yep, give him some pills and send him on his way. It's more than Mary Jo got.
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nova voter
August 20, 2009 11:23 AM in reply to shooter242
what does that have to do with anything?
oh, i get it. it's just like the relationship between the 2d amendment and health care reform.
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The Commenter Formerly Known as NCSteve
August 20, 2009 12:33 PM in reply to shooter242
Thug humor at it's finest. Keepin' it classy as always.
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MAX TARDCORE
August 20, 2009 12:44 PM in reply to The Commenter Formerly Known as NCSteve
"Just Don't Bite It" is thug humour at its finest. MCC is just sad.
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KZ
August 20, 2009 11:07 AM
In the musical "1776", there's a scene where John Adams sends Thomas McKean home to Delaware to bring Caesar Rodney back to Phillidelphia so he can vote on the resloution for independence. Rodney has cancer and is on his last leg. The ride from Dover to Phillie is long and arduous, and McKean and Rodney come stumbling into the Continental Congress all muddy and winded with Rodney barely able to stand. But he remains on his feet long enough to proudly cast his vote for independence before he collapses and is carried out.
It's not historically accurate, but it's a very moving scene and it's what pops into my head whenever I think of Ted Kennedy and his passion for health reform.
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demosaur
August 20, 2009 11:34 AM in reply to KZ
He lost the next Delaware election due to his actions that night. Angered the conservatives too much.
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MAX TARDCORE
August 20, 2009 12:01 PM in reply to demosaur
Tory! Tory! Tory!
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Karl the Marxist
August 20, 2009 3:16 PM in reply to KZ
It never ceases to amaze me how people use movies or other entertainment as proxy experiences.
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KZ
August 20, 2009 6:46 PM in reply to Karl the Marxist
I'm so glad I amazed you.
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Larry Geater
August 20, 2009 11:36 AM
Once again we see the unintended consequences of short sighted political calculations. They changed the rules in anticipation of a Kerry win that never materialized and now regret it.
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dndobson
August 20, 2009 1:19 PM in reply to Larry Geater
Yeah - that was my first thought.
I hope they at least create a better system for making temporary replacements rather than just over turn their previous change. Seems the Legislature should have some of that power - maybe the Gov can make a nomination, but it has to be approved by the legislature - or something.
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_jonny_5_
August 20, 2009 1:26 PM in reply to Larry Geater
I disagree, this is not going to just reverse the law passed in 2004 it would simply amend it to provide representation for the time between the vacancy and the election. I would take it a step further to say that the appointed individual would be ineligible to be on the upcoming ballot, taking away the "incumbant" advantage.
After seeing Minnisota under-represtented for so long and the implications it had nationally, I find this appropriate.
And besides the state showed time and again that they don't want to send republicans to Washington, and thats what Romney would have done (we all know Romney would have likely appointed himself)
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mcc
August 20, 2009 11:42 AM
Wow.
I don't mean to be morbid or anything, but is the implication here that once this rule change is instituted, Kennedy intends to resign?
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_jonny_5_
August 20, 2009 1:33 PM in reply to mcc
No, but I'm sure that he would like a family member to cast the vote he would have if at the time he can't.
This would actually be immensly popular (in MA) if Deval Patrick was to appoint Teddy's wife or Teddy Jr. to the temporary post because the MA loves Kennedy's and the qualifications question would be muted by the emotion and the short term of the appointment.
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mcc
August 20, 2009 2:47 PM in reply to _jonny_5_
So your guess is that he will resign iff it's the only way to get that vote cast by an MA Senator?
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nellieh
August 20, 2009 11:43 AM
Senator Kennedy is the only politician in public office who has NEVER wavered in his determination to provide health care for all. I'm not aware of his present condition but am hoping for the best. It would be a tragedy if he were not able to cast his vote. I am reminded of the magnamity of Biden, when the Republicans carried in Strom Thurmond and he didn't even know where he was, who told them to please let him leave and they would accept his vote. We certainly can't expect that from them. If Senator Kennedy is still alive when the vote is to be taken and he can be transferred to the Senate, it should be done. He deserves no less. I hope his God permits it.
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JohnMcCSF
August 20, 2009 12:10 PM
ooops
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Elizabeth2
August 20, 2009 1:58 PM
Someone help me here --- there was a Senator or Representative who was carried into the chamber, on a bed I believe, to cast a critical vote in something important. I'd thought it was the impeachment of Andrew Jackson but apparently not. I've seen pictures, and political cartoons of the event but my memory - and research skills - are totally failing me on this one.
If Sen. Kennedy is not able to vote and not able to be replaced by someone who can, I would like to think that there is at least one Senator who would otherwise vote against the bill who will instead abstain, so that Sen. Kennedy's absence would not be the deciding factor in whether the bill passes. Perhaps that sort of thing is unthinkable in this day and age of no-holds-barred partisan fighting .... but I'd still like to believe it could happen. (And that they would - very privately - tell Sen. Kennedy ahead of time so that he doesn't have that enormous pressure on him.)
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Lorne Guyland
August 20, 2009 8:01 PM in reply to Elizabeth2
You inspired me to Google:
from AmericanHeritage.com, it came in 1790 during the debate over where to establish the national capitol:
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