As we all know, Illinois Gov. Rod Blagojevich is under heavy fire after being wire-tapped discussing how he could leverage his power to appoint Obama’s senate replacement into substantial benefits from potential seekers of the seat. Blagojevich has denied wrongdoing and switched gears, appointing a super-clean, highly qualified Democrat, Roland Burris. But Harry Reid and the senate Democrats have set about to deny Burris his seat. Reading between the lines, they’re afraid Burris (though clean, and not associated with the Blagojevich corruption scandal) will be so tainted by merely being picked by Blagojevich, that a Republican will defeat Burris in the next election. There is an ongoing discussion of the tactics and law playing out here over at the Balkinization blawg (see the two posts of Monday, Jan. 5, and comments). Recommended reading.
I’m pretty sure the Democrats’ latest ploy — to deny Burris entry because his certificate wasn’t signed by the Ill. Sec. of State (who refused to sign it, contrary to his statutory duty) – will fall flat. The Sec. of State can’t possibly have a “veto power” over a legal act of the governor. But the Democrats have stronger legs to stand on (none of them necessarily winning). This should be a good show.
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U.S. Legal Blog is maintained by Bryan Lieb.
