MA-SEN

Massachusetts GOP Legislator: Constitutional Problems Remain For Senate Appointment Bill

Eric Kleefeld | September 22, 2009, 6:30PM

State Sen. Bruce Tarr (R-MA)

I just spoke with Massachusetts state Sen. Bruce Tarr, the assistant Republican leader, and he told me that if the bill to provide for a temporary appointment to Ted Kennedy's Senate seat passes tomorrow, there could be plenty of room for legal challenges -- and a lot is riding on the final enactment votes tomorrow.

I asked Tarr whether Massachusetts Republicans would themselves file lawsuits, and he did not specifically say as much. However, he laid out scenarios under which other citizens of Massachusetts could potentially bring legal action.

One big issue, Tarr explained, is that this bill has been designated as an emergency law, in order to have it take effect immediately. Normally, under the state constitution, laws can only take effect after 90 days, which would defeat the purpose of the immediate appointment. However, an emergency law also requires a two-thirds vote within the legislature in order to pass -- and in the votes that have been held so far, it was only 97-58 in the House, and 24-16 in the Senate.

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