CNN is reporting that the Supreme Court of Illinois has ruled (.pdf opinion) that the signing of Roland Burris’s certificate of appointment to the U.S. Senate by the Illinois Secretary of State is not a necessary prerequisite to Burris’s appointment.
The opinion is short, and nuanced in the sense that Burris’s request for a writ of mandamus (whereby the court orders a public official to do something she is required by law to do) is denied. The court says the Sec. of State’s signature isn’t needed on the document, so no mandamus is necessary. The upshot is that by losing the mandamus argument, Burris wins. The Sec. of State does NOT have a veto power over the legal act of the Governor.
Gov. Blagojevich’s impeachment has now officially been recommended by an overwhelming majority (114-1) of the Illinois House. The state Senate will now hold a trial and vote whether or not to convict. This vote could occur as soon as February.
I presume at this point that Burris will be awarded his Senate seat, considering the Democratic leadership’s radical change of tune. A possible if far-fetched alternative would be for the Democrats to foot-drag and wait for Blagojevich’s conviction, whereupon the Lt. Governor would take over and appoint someone other than Burris (whereupon we’d have a legal/constitutional dumpster fire on our hands). But given the Democrats’ warming to Burris, this outcome seems exceedingly unlikely.
UPDATE: Burris got in, but now his future is uncertain due to his inability to make consistent statements as to whether he raised money for (now impeached) former Gov. Blago in return for being considered for the Senate seat. It now appears that Burris admits to doing so.
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U.S. Legal Blog is maintained by Bryan Lieb.
