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Administrative Office of the Trial Court Web Site Disclaimer Copyright© 2002 Administrative Office of the Trial Court Comments, Questions or Suggestions? Email the Webmaster Last Updated on February 19, 2003 12:05 PM |
Posted on 09/25/2009 7:22:49 AM PDT by GOPsterinMA
A Suffolk Superior Court judge will decide by noon on a Republican Party appeal for an emergency injunction to block the appointment of Kennedy family confidant Paul G. Kirk Jr. as interim U.S. senator.
The state GOP contends Gov. Deval Patrick overstepped his authority by attaching an emergency preamble to the Senate vacancy law signed yesterday so the legislation would be enacted immediately. The usual waiting period for enactment is 90 days.
(Excerpt) Read more at bostonherald.com ...
There is still a GOP in Masshole?
I have a pretty good idea.....
I bet he rules that it was ok for the Democrats to shove this appointment through.
And the judge will say that it’s okay to declare an emergency if a Senate seat is vacant. And he will say that it doesn’t change the existing law, because they are still going to have the special election to fill Kennedy’s senate seat.
I think we have the legal “reasoning” in mind already.
any bets on how the judge rules REGARDLESS of what the Mass Constitution says!!!
PING
“It is of supreme importance that the people of this great Commonwealth have representation before the United States Senate....yadda yadda”
Claims that Mitt Romney “used the move” — which means just what? Did Mitt seat an interim Congressman this way?
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Administrative Office of the Trial Court Web Site Disclaimer Copyright© 2002 Administrative Office of the Trial Court Comments, Questions or Suggestions? Email the Webmaster Last Updated on February 19, 2003 12:05 PM |
I’m holding my breath, turning blue, blue, blue bluer...
At least the GOP is trying to hold them to their own laws.
He will rule for satan and the evilcrats... bank on it.
LLS
He will deny the GOP hands-down.
Funny it wasn’t an emergency when he was sick and incapable of showing up for work. Same goes for Byrd.
It is good to see GOP starting to push back.
Now, if the judge is an old fashioned type Massachusetts judge into graft, corruption and parking lot payoffs he's not gonna' like the gay part.
If the guy is not gay, the judge is going to suspect a whopping big payoff to Deval ~ which is a whole 'nuther thing.
May be some fish to fry in there today.
Why did the GOP wait until this was a done deal? Why didn’t they try to stop them right from the start?
You would have to be really stupid if you think this judge will rule with the Republicans. I am sure the judge is a Democrat.
Couldn't have. The Constitution specifies "When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies."
A Gov, has to call an election to fill empty House seats.
Oh. Gee. Such Suspense. I can’t wait. What will the judge say? [/s]
He may, but believe me—MA has worse judges.
So there really is no parallel with Mitt. Mitt would have had to use the emergency preamble mechanism for other things, if the report of him using it at all is accurate.
Remember, it’s the MA state court system that “discovered” the consitutional “right” for same-sex couples to marry. It’ll “discover” ANYTHING that furthers a liberal agenda. It will be of no surprise that they allow the Dems to appoint whomever they want.
When John Kerry ran for president, there was a potentially empty senate seat in MA. The Democrats in the legislature pushed through a bill which took the power of appointment away from the government (Romney(R)) and authorized a special election to determine who would fill Kerry's seat in the senate.
Now that a Dem is governor, the legislature has allowed the governor to make the decision again -- although temporarily.
I am not aware of any finangling over US House seats being filled in MA.
Appeal? Yes, and when they appeal it up to the state supreme court they’ll lose there too. Just look who is on that court.
BTW, does it surprise anyone that the ‘emergency’ power the GOP is trying to stop Patrick from using was used by Romney 14 times, including “to increase the boating speed limit in Charlton and to change the office of town moderator in Milton”?
http://www.boston.com/news/local/breaking_news/2009/09/judge_to_rule_b.html
The Rule of Law is just so damned inconvenient.
Life will be easier when Our Glorious Leader eliminates it entirely.
Yeah; I bet the judge sides with the Governor.
No, read this article before you say Romney didn’t use the move: http://www.boston.com/news/local/breaking_news/2009/09/judge_to_rule_b.html
One of the legal terms I learned early on (probably in grade school) was “ex post facto”. Why does that not apply here? The “fact” of this case is the death of Ted Kennedy. Isn’t it unconstitutional to apply a law written AFTER that date to a legal matter caused by that event? Perhaps some legal eagle can show me the error of my ways.
Yes. I was wrong (moving too quickly). I thought the issue was the “on-again/off-again” ability of MA governors to fill congressional seats. The issue of the emergency provision is quite separate and I can’t disagree with the article you cited.
No problem!
We haven't had representation by two senators for over a year and a half. Why the rush now. Don't answer...I already know.
Furthermore....we haven't had TRUE representation in the US Senate for decades.
Wasn't there a war fought over this 'taxation without representation' thingy? Didn't it start in MA? I'm a bit fuzzy on all that old Constitutional type stuff. The glow from my morning 0bama prayer and song session has me all tingly and not thinking clearly.
</sarcasm>
His appointment by Massachusetts’ Democratic Gov. Deval Patrick means another crucial Democratic vote in the Senate at a time when President Obama is pushing for a sweeping overhaul of the health insurance system. Republicans have decried the interim appointment as a Democratic effort to force a healthcare bill through Congress.
Kirk will be sworn in today.
In January, Massachusetts voters will elect a successor to Kennedy, who served for nearly 47 years and succumbed to brain cancer last month. In the meantime, observers said, Kirk can be expected to promote the Kennedy agenda. Kirk served as a Senate aide to Kennedy for nearly a decade and was an informal advisor for many more years.
“He was there fighting for healthcare when Kennedy was there fighting for it,” said Robert Shrum, a longtime Democratic consultant who worked on the presidential campaigns of Kennedy and Sen. John F. Kerry (D-Mass.). “He won’t vote for healthcare because he is a proxy but because he cares about it.”
Kirk, 71, a Harvard-educated attorney and business consultant whose father was an associate justice of the Massachusetts Supreme Court, is a senior fixture in the Democratic Party. He was chairman of the Democratic National Committee from 1985 to 1989, during the failed presidential campaign of former Massachusetts Gov. Michael S. Dukakis. He was the party’s treasurer before that.
He campaigned for the late Robert F. Kennedy during the Democratic presidential primary campaign in 1968, and was persuaded by Ted Kennedy to remain in public service.
“This is a caretaker appointment, a gentle transition, a kind of stewardship,” Kerry said Thursday at the announcement of the appointment at the state Capitol in Boston. “And Paul Kirk will be a superb steward of this seat.”
Kirk also is executor of Kennedy’s will.
Days before he died, Kennedy had called on the governor and state legislative leaders to appoint a successor swiftly. Massachusetts law calls for the replacement to be named by special election, but state lawmakers approved legislation allowing the governor to name an interim senator.
The election for someone to serve the remainder of Kennedy’s term, which lasts through 2012, will be held Jan. 19. Kirk has declared that he will not be a candidate.
Kirk “was a close and loyal advisor and confidant of Sen. Kennedy,” Patrick said. “In the next few weeks he will carry on the work of Sen. Kennedy . . . mindful of his values.”
The crux is whether declaring an emergency by the governor is contingent or absolute.
The question is whether the Mass Court has venue
when the federal court might be more appropriate.
It’s completely incestuous.
Welcome to the slimey, disgusting, corrupt, Dark World of Massachusetts politics.
I hate this frakkin' place. When my kids are out of college, I'm heading for Texas. If they'll have me.
My prayers that your children share your beliefs.
Meanwhile the MA legislature has now moved on to more important things like whether the fluffernutter should be named the state sandwich and Moby-Dick the state novel (Moby was narrowly rejected last year).
Clearly MA is in a state of emergency necessitating Patrick’s flouting of the law huh.
I gotta get some fluff and try me one of those sandwiches.
They do. I have installed high quality BS detectors in both my son and daughter. They’ve seen the Liberal indoctrination up close and personal when they were in high school...and laughed at it when they recognized it for what it was. They’ll do ok.
Fluffernutters are *good*. One good thing I’ll say about Massachusetts.
And a fluffernutter would make a much better Senator than Mass. has had for decades.
No surprise, from boston.com:
Breaking News 12:52 PM
Judge rejects GOP bid to block Kirk
Judge Thomas Connolly deliberated for nearly four hours before dismissing the GOP’s claim that Governor Patrick overstepped his authority by declaring an emergency so Paul Kirk Jr.’s appointment to Kennedy’s US Senate seat could be made immediately.
Judge sides with Coupe Deval:
Per Channel 7 news, MA State GOP to appeal to MA SJC.
Yep!
Per Channel 7 news, MA State GOP to appeal to MA SJC. Byron Barnett on site! Yay!!!!!!
I *THINK* “ex post facto” only applies to criminal matters.
I don’t think they’ve a prayer with the SJC, but at least it’ll make ‘em do a little work for it.
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