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Mass. GOP seeks injunction on Kirk appointment
Boston Herald ^ | 09/24/09 | Boston Herald

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.


TOPICS: Breaking News; Government; Miscellaneous; Politics/Elections; US: Massachusetts
KEYWORDS: 111th; kirk; ma2009; massachusetts; massgop; paulkirk; senate; tedkennedy
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To: raccoonradio

But State Secretary William Galvin said today the power to make the immediate appointment is “very clearly available” to Patrick.
+++++++++++++++

Because he says so!


21 posted on 09/24/2009 11:29:45 AM PDT by SeattleBruce (God, Family, Church, Country - Keep on Tea Partiers - party like it's 1773!)
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To: outpostinmass2
I'm not so sure. Remember they held up Franken until all the court cases were resolved. If there is a case pending that questions Kirk’s appointment, the Senate could refuse to seat him until that case is resolved. Also remember how Roland Burris was held up in January. There is precedent. The Senate doesn’t have to seat anyone until everything is cleared up.
From the desk of
cc2k:

22 posted on 09/24/2009 11:30:04 AM PDT by cc2k (Are you better off today than you were $4,000,000,000,000 ago?)
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To: 2banana

You bet they need to yell and LOUD!!!!!!!!!!


23 posted on 09/24/2009 11:30:12 AM PDT by pollywog (staying...... " Under His Wings" Psalm 91:4)
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To: Owl_Eagle

The congressional delegation in s MA is 100 perent Democrat. Where else is that the case? RI, VT, OR?, ND, must be a long list after all.


24 posted on 09/24/2009 11:30:54 AM PDT by Theodore R.
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To: raccoonradio
But State Secretary William Galvin said today the power to make the immediate appointment is "very clearly available" to Patrick.

I'm disappointed in Galvin -- I know he's a Dem, but he's always seemed pretty good. In fact, I heard (probably on Howie Carr) that the state GOP wanted Dr. deJong (yes, Howie's vet) to run against Galvin, but deJong said, "Why would I run against Galvin? He's doing a great job."

25 posted on 09/24/2009 11:33:36 AM PDT by maryz
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To: Uncle Ike
ya can’t change the rules in the middle of an election count,

It's got to be a legal principle somewhere! Every third grader knows you can't change the rules in the middle, and only a cheater and a sneak would try!

26 posted on 09/24/2009 11:35:26 AM PDT by maryz
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To: Uncle Ike

Silly GOP people! There’s a Democrat Governor now. The old law was for Republican Governors. Pay attention, already. Jeesh!


27 posted on 09/24/2009 11:38:42 AM PDT by Kowdawg
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To: maryz

” only a cheater and a sneak would try! “

That’s exactly what Al Gore tried in Florida in 2000, and he came within a gnat’s whisker of succeeding - until the US Supreme Court put a stop to it...

(Which sent the poor-loser Dims into an eight-year snit..)


28 posted on 09/24/2009 11:39:17 AM PDT by Uncle Ike (Rope is cheap, and there are lots of trees...)
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To: raccoonradio

Where is the National Republican party and why are they not backing the state Republican party?


29 posted on 09/24/2009 11:40:51 AM PDT by Dacula (Evil succeeds when good men do nothing. Lets do something.)
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To: raccoonradio

Why have rules when you are the demcorats? Just make them and change them to best suit your needs, whenever you need them! This is not political, this is criminal!


30 posted on 09/24/2009 11:40:52 AM PDT by rawhide
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To: Uncle Ike

>>what Al Gore tried in Florida in 2000

Silly Al. If he had won his HOME STATE that year he would have had enough elec votes.


31 posted on 09/24/2009 11:41:24 AM PDT by raccoonradio
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To: Kowdawg

Scenario: 2010, GOP candidate Charlie Baker barely beats Patrick (not sure if it would happen but who knows). Legislature still huge for Dems.

Early 2011: Kerry has health scare,
turns in resignation (unlike EMK who wouldn’t let anybody pry the seat away from him until he took his last breath—
resigning due to ill health, you kidding?)

Change of law. Back to election.


32 posted on 09/24/2009 11:43:43 AM PDT by raccoonradio
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To: Kowdawg
The problem is that the courts have been making it up as they go, since Bush v. Gore.

In Florida, the rules being changed were those for conducting recounts and dealing with spoiled ballots. The Florida Supreme Court was making up rulings on the fly to help Gore.

In New Jersey, the NJ Supreme Court allowed the substitution of Lautenberg for Torricelli on the grounds that the voters had the right to a "competitive election." The problem was they they were getting a competitive election, and Torricelli was losing. So Torricelli dropped out and then the Democrats complained that it was unfair the voters didn't have a "choice," when in fact the voters were making their choice, just choosing away from the Democrats.

So, now Massachusetts will be doing the same thing. They will make up some reason why it is imperative that Patrick be allowed to appoint a Senator even though the replacement process is already underway. If it turns out that the interim Senator is allowed to run for the seat during the special election, then it will be a de facto permanent replacement.

And the MA courts will let him get away with it.

-PJ

33 posted on 09/24/2009 11:45:46 AM PDT by Political Junkie Too (Comprehensive congressional reform legislation only yields incomprehensible bills that nobody reads.)
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To: raccoonradio

Another Pay for Play office sold by the Democrats in Prostichusetts.


34 posted on 09/24/2009 11:48:54 AM PDT by theDentist (fybo qwerty ergo typo : i type, therefore i misspelll)
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To: taxcontrol

An ex post facto law (from the Latin for “after the fact”) or retroactive law, is a law that retroactively changes the legal consequences of acts ...
en.wikipedia.org/wiki/Ex_post_facto_law

A law that makes criminal an act that was legal when it was committed. (Latin: “after the fact”)
instech.tusd.k12.az.us/Core/glossary/ssglossary.doc

a law that takes effect before the legislative process has been completed
socsci.gulfcoast.edu/dreese/glosterm.htm

Only the third def applies here and that is what the suit essentially alleges— the gov cannot make the appointment until 90 days has elapsed.


35 posted on 09/24/2009 11:49:11 AM PDT by San Jacinto
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To: Theodore R.

OR has one GOP Representative (Walden).

I believe tha the states with an all-RAT congressional delegation are MA, CT (counting Lieberman as a RAT), NM, HI, RI, VT (counting Sanders as a RAT), and ND. Am I missing any?


36 posted on 09/24/2009 11:51:12 AM PDT by AuH2ORepublican (Fred Thompson appears human-sized because he is actually standing a million miles away.)
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To: Political Junkie Too

100% agree.


37 posted on 09/24/2009 11:51:36 AM PDT by San Jacinto
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To: outpostinmass2

“Once Kirk is sworn in the game is over.”


Who did they enjoin from what in the injunction they sought? The right move for the GOP was to seek an injunction of Galvin from certifying Patrick’s appointment of Kirk; without the certification, the Senate would be hard pressed to seat Kirk.


38 posted on 09/24/2009 11:54:25 AM PDT by AuH2ORepublican (Fred Thompson appears human-sized because he is actually standing a million miles away.)
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To: raccoonradio
I would love to see some reporter with some stones, ask Sen. Lurch or one of the Kennedy family the following question:

A Mass law was passed to prevent a Republican Governor from appointing a Republican senator. They now pass a law to allow a Democratic Governor to appoint a Democratic senator. How can you defend this hypocrisy?

I want to hear the BS response.

39 posted on 09/24/2009 11:56:38 AM PDT by SMM48
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To: raccoonradio

This smells a lot like New Jersey politics. But then what do you expect when Democrats are fully in control??


40 posted on 09/24/2009 12:00:12 PM PDT by Laserman
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