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Judge To Rule Before Noon Today On Massachusetts Senate Appointment
Eric Kleefeld | September 25, 2009, 9:41AM
Sen.-designate Paul Kirk (D-MA)
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A judge will rule before noon today in the Massachusetts Republican Party's lawsuit to stop the appointment of Sen.-designate Paul Kirk (D-MA) to Ted Kennedy's Senate seat.
Suffolk County Superior Court Judge Thomas Connolly heard from both sides this morning. The GOP have argued that Gov. Deval Patrick did not have the constitutional authority to declare the law an emergency measure that would take effect immediately. The Dems have countered that Patrick did in fact have this ability -- and that Republican former Gov. Mitt Romney himself had used it in the past.
Kirk is set to be sworn in by Vice President Biden this afternoon. If Connolly were to suddenly nullify the appointment, that would certainly throw off Democratic efforts to get back to 60 seats -- and if he lets it go ahead, then there will be no time to appeal.
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neesy08
September 25, 2009 9:45 AM
This is just another attempt by the GOP to stall the voting process regarding PO. They care nothing about "we the people."
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sinz52
September 25, 2009 11:07 AM in reply to neesy08
I live in MA, so I know what this is all about.
How much did the Democratic-controlled MA legislature care about "we the people" when they passed a special law to prevent then GOP Governor Mitt Romney from appointing a Senator in case Senator Kerry was elected President?
First they passed a law to prevent GOP Governor Romney from appointing a Senator--and now they overturn that law to allow Dem Governor Patrick to appoint a Senator.
I can guarantee you that if MA had a Republican governor, the MA legislature would never have passed this law.
This is not about "we the people." It's about the MA legislature gaming the system so only Dem governors can appoint Senators, not GOP governors.
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Schmed
September 25, 2009 11:27 AM in reply to sinz52
True. Every word.
However, the MA GOP is no bunch of altruistic, public spirited, "we're looking out for you MassCitizens!" selfless politicians. They have absolutely nothing to gain with this lawsuit except to hamstring the Democrats' ambition.
We MassCitizens are reaping the whirlwind (legislative flatulence: it stinks but means verly little) we sow every election year.
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AnswerFrog
September 25, 2009 11:29 AM in reply to sinz52
The initial law in 2004 was the problem, and goes against what most states do. Having only one senator for 6 months is not good for anybody. But that's not Patrick's, or Kennedy's, fault.
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Schmed
September 25, 2009 11:33 AM in reply to AnswerFrog
It was Kennedy's fault. Had he resigned when he was diagnosed, a new senator could have been elected in time to come in with Obama. At the same time, the MA legislature could have cleaned up its mess and wouldn't be looking like brazen opportunists right now.
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FreeRider
September 25, 2009 11:39 AM in reply to Schmed
Had Kennedy resigned, MA still would have gone 5 months without a senator!!
The 2004 law should have allowed for an interim appointment by the governor until a special election within 5 months.
It's stupid to write a law that deprives a state of full representation for so long.
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Schmed
September 25, 2009 12:09 PM in reply to FreeRider
Had Kennedy resigned, MA still would have gone 5 months without a senator!!
Given all the votes he missed, the practical effect was the same. Had he resigned in May '08, we could have had a senator in Aug '08.
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FreeRider
September 25, 2009 7:17 PM in reply to Schmed
Duhhh. May-August is 3 months, not five.
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bill57
September 25, 2009 12:01 PM in reply to sinz52
Yes but judging by the way Repubs govern, that’s a good thing!
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Walter Mitty
September 25, 2009 9:47 AM
Biden should swear him in now. Otherwise it's going to be stopped. Of course swearing him in now to beat the ruling would have terrible optics. And considering the 60th vote is meaningless given the way the Dems are negotiating with Snowe and how they can't even secure a cloture vote down it's party line this is really much ado about nothing.
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nova voter
September 25, 2009 9:52 AM in reply to Walter Mitty
that's the part i don't get (not being able to secure a cloture vote).
i think it's time to go republican on some asses. i.e., "you don't vote for cloture, you get ZERO dollars for reelection, and we primary you as hard as we can. PERIOD. oh, and you know your cherry committee assignments? say goodbye to those, too." if ever there's been a time for hard ball, now is it.
then lather, rinse, and repeat with climate change.
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sinz52
September 25, 2009 11:03 AM in reply to nova voter
That won't work with the vast majority of GOP congressmen. They would rather lose a committee assignment than lose the support of the GOP base (which would mean losing the next election).
The GOP base has shown that they would rather see a Republican candidate lose than have him act moderate ("RINO"). That's playing out right now in NY-23, where the GOP candidate, Dede Scozzafava, is being opposed by the right-wing GOP base. Instead, they're supporting the Conservative Party candidate, Mr. Hoffman. If they succeed in siphoning off enough votes from Dede, she will lose to the Democrat--and the GOP base will be glad they "taught the RINO a lesson."
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DonDavis
September 25, 2009 10:02 AM
Deval Should've appointed CAPTAIN Kirk
http://satiricalpolitical.com/?p=9004
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Obama1st
September 25, 2009 10:29 AM
he should have been swore in last night. Stupid move on Reid's part to not have mobilzed a simple ceremony to make Kirk the 60th....
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AnswerFrog
September 25, 2009 11:26 AM in reply to Obama1st
Exactly. Reid dropped the ball. You can't unspill the milk. Reid could have done it last night or this morning.
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Schmed
September 25, 2009 11:30 AM in reply to AnswerFrog
Apparently, appearences are important to Democrats. Not so with Republicans: like their motives or not, they get things done quickly and reply, "so what?" to any criticism.
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cleavet
September 25, 2009 11:44 AM in reply to AnswerFrog
Reid is 100% correct in waiting. Why elevate a state-level fight to the national level? This way the Massachussetts Legislature takes the (deserved) political hit, and when the judge issues the inevitable approval Reid can claim that his hands are tied, and direct any GOP howls at Massachussetts.
Politically this is as easy a call as they come.
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obamaman
September 25, 2009 11:27 AM
The judge isn't gonna stop it, and they shouldn't have changed the law in the first place, so now it's finally as it should be regardless of motivations.
Um, the legislature is a political body, and they're going to do things motivated by politics. DUHHHH! Welcome to America.
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obamaman
September 25, 2009 11:30 AM
Oh, and "we the people"(not me personally) elected an overwhelming majority in Mass. and are doing what their constituents elected them to do-supporting another Dem and making sure they have full representation in DC to pass the reform that WE THE PEOPLE voted for!
God, wouldn't it be nice if the majority in Washington understood that?
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