Governor Patrick Appoints Kirk To Kennedy’s Senate Seat

It looks like lawmakers in Massachusetts have given the governor the power
to appoint an interim replacement for the late Ted Kennedy's US Senate seat
after all. The Massachusetts House had earlier passed the bill allowing
Governor Deval Patrick to name someone temporarily until the special
election is held on January 19, 2010. At the same time, House Democrats also
tried to attach an emergency preamble that would allow the law to take
effect immediately, instead of the normal 90 days after passage, but failed
to get the necessary two-thirds majority, on a 95-59 vote. The Senate didn't
even consider the measure for the emergency enactment after it failed in the
House. It would have required the same majority in both houses.


This action would normally prevent the governor from naming an interim
replacement until late December, only four weeks before the special
election, and it would not be sensible to have someone fill the seat for
only one month and then leave.


However, the governor still had another card to play.


Governor Patrick intends to rely on an obscure section of the state
Constitution to declare the legislation "an emergency or of an urgent nature"
by writing a letter to the Secretary of State, William Galvin, another
Democrat, urging him to declare an emergency and present a need for the bill and why it should be allowed to take effect immediately.


Not to be outdone, four GOP House members sent a letter to the Governor
asking him to seek an advisory opinion from the state Supreme Judicial Court
to clarify his emergency declaration powers. Their request for the opinion
is aimed at sparing the state "national embarrassment" if the appointment is
later found to have been made illegally.


While all this parliamentary maneuvering was taking place, the Governor,
still confident that his Secretary of State would approve the emergency need
for the law, named Paul Kirk as an interim US Senator until the
special election on January 19. Kirk is a longtime Kennedy friend and
advisor, the current chairman of the Kennedy Library Foundation, former
Chairman of the National Democratic Party 1985-1989, and former special
assistant to Senator Kennedy from 1969-1977.


Both of Kennedy's sons, Edward M. Kennedy, Jr., and Patrick Kennedy, D-RI,
wrote letters to the Governor lobbying for Kirk, Kennedy's widow,
Victoria Kennedy, also strongly supported his appointment. Kirk also knows the late
Senator's staff intimately and would likely be assured of their loyalty
given his relationship with Kennedy. Senator John Kerry, who attended the
announcement, called Kirk a "superb steward for this seat" and said he
already has a personal relationship with many of the people he will be
working with during his brief time in Kennedy's former office.


Still, the Massachusetts Republican Party urged Secretary of State William
F. Galvin to reject Patrick's request to make the legislation effective
immediately, saying prior decisions by the Supreme Judicial Court showed the
Governor's power applied only when a law is subject to a public referendum.
The party asked Galvin to at least seek an advisory opinion from the court. He evidently denied their request.


Patrick had argued that the state stood to suffer without full Senate
representation before the special election campaign, but some fellow
Democrats have joined Republicans in accusing him of a power grab.


"This is not an emergency," said Representative Paul Frost, R-Auburn, MA. "However the
Governor is going to write a letter to the Secretary of State, saying the
Legislature didn't agree it was an emergency, but I do, I can't wait to see
it," adding, "It's just wrong."


Some political pundits in the state may now even suggest that it's possible
Ted Kennedy would likely have handpicked Paul Kirk, his close family
friend and advisor to the interim Senate seat, if he could have.


Who can say for sure that he didn't?


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