Posted on 09/24/2009 11:14:40 AM PDT by raccoonradio
The Massachusetts Republican Party has filed an injunction in a Boston court seeking to block former Democratic Party chairman Paul Kirk from becoming the interim replacement for the late Sen. Edward Kennedy.
Lawmakers this week passed legislation giving Gov. Deval Patrick the power to appoint an interim replacement, but laws approved in Massachusetts usually take 90 days to go into effect. Patrick signed an emergency letter that he says allows the law to become effective immediately.
Republicans allege in their court filing that Patrick did not have the constitutional authority to do that.
But State Secretary William Galvin said today the power to make the immediate appointment is "very clearly available" to Patrick.
Kirk, the former head of the Democratic National Committee, is set to be sworn Friday.
Is the game going into ‘extra innings’???
The Mass. courts are pretty left-leaning, though, aren’t they??
MA = banana republic
Laws? We don’t need no stinking laws.
Republicans should be making this a HUGE issue - every day. GET some balls
They should also file for an injunction as this is an ex-post facto law, prohibited by the Constitution.
There is truly no level to which democrats won’t stoop.
This is why reporters are completely useless. Perhaps a reasonable follow-up question to SOS Galvin by some earnest reporter may have been, "Would you please cite the statutory authority that confers upon the governor the ability to expedite such an appointment". Then, the readers could examine such a citation, and decide for themselves if the Secretary is all wet, or not.
I understand that only applies to criminal law?
| From the desk of cc2k: |
Repubs said they’d file suit and it looks like they are, good for them.
“The Mass. courts are pretty left-leaning, though, aren’t they??”
They lean to the left like Mt. Everest is high.
They are talking about MA law here...
How about US Law, as in the US Constitution?
Article 1, section 9: "NO State Shall... pass ANY ex-post facto law"
Unless of course, MA is an exception to "NO STATE" and the state succession law, already triggered by the swimmer's death, is an exception to "ANY... law".
must be state court
send lawyers, guns, & money
Once Kirk is sworn in the game is over.
Too little too late I think.
“Bill, we need to be represented by two senators. It’s an emergency.”
“Right you are, gov.” (signs “emergency” letter)
Emergency, yet for a yr and a half MA did just fine (well
kinda) with only one senator, pretty much.
” the state succession law, already triggered by the swimmer’s death, “
Hmmmmm....
Wonder if ‘Bush v. Gore’ which held, in part, that (paraphrasing) ya can’t change the rules in the middle of an election count, would apply as a precedent...
Any lawyers out there???
YES! Thank G*d someone had the courage and sense to do this. This is so brazen the Equal Protection issues are quite obvious.
Guns and money to MA? They’d be confiscated no doubt!
It’s odd that the MA GOP, which failed to oppose EMK in 2006, now says it is concerned about legalities. Well, guess they have to do soemthing to occupy their time.
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