The Massachusetts House has already passed a law allowing Governor Deval Patrick to appoint someone temporarily until the election Force is held January 19, 2010. At the same time, House Democrats also tried to attach an emergency preamble that would allow law take effect immediately, instead of the normal 90 days after passage, but without success to get the necessary two thirds majority on a vote of 95-59. The Senate did not even consider the extent of the enactment of distress after having failed in the House. It should have the same majority in both houses.
This action would normally prevent the governor to appoint a temporary replacement until the end of December, only four weeks before the election special, and it would be unreasonable to have someone to fill the seat for only one month and then leave. However, the governor had yet another card to play.
Governor Patrick intends to rely on an obscure section of the Constitution to declare a state of law "a emergency or urgent "by writing a letter to Secretary of State William Galvin, another Democrat, asking him to declare an emergency situation and present a need for the bill and why he 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 its declaration of emergency powers. Their request for the notice is to save the state a "national embarrassment" if the appointment is subsequently found to have been made illegally.
While all this parliamentary maneuver was necessary, the Governor, always confident that his Secretary of State approve the urgent need for the law, named Paul Kirk as a senator of the United States acting until the election Special on January 19. Kirk is a longtime friend and adviser to Kennedy, the current president of the Kennedy Library Foundation, former Chairman of the Party National Democratic 1985-1989, and former special assistant to Senator Kennedy from 1969-1977. Both Kennedy's son, Edward M. Kennedy, Jr., and Patrick Kennedy, D-RI writes letters to pressure Governor Kirk, widow of Kennedy, Victoria Kennedy, also strongly supported his nomination. Kirk also knows the staff of Senator deceased intimately and would probably be assured of their loyalty given his relationship with Kennedy. Senator John Kerry, who attended the announcement, Kirk called a steward "for this superb headquarters" and said he has a personal relationship with most people he will work with during his brief time in the former office of Kennedy.
But the Massachusetts Republican Party has urged the Secretary of State William F. Galvin rejected Patrick's request to make the legislation effective immediately, saying previous decisions of the Supreme Court of the Judiciary has shown the governor's power applied only when a law is submitted to a public referendum. The party has asked Galvin to at least ask for an advisory opinion the Court. He obviously refused their request.
Patrick argued that the state stood to suffer without full representation in the Senate before the special election, but some fellow Democrats have joined Republicans in accusing him of a coup.
"This is not an emergency, "said Representative Paul Frost, R-Auburn, MA. "However, the Governor will write a letter to Secretary of State stating that the legislature did not agree it was an emergency, but I do, I can not wait to see " adding: "It's just wrong."
Some experts state policies may now suggest that it is possible even Ted Kennedy would probably picked Paul Kirk, a family friend and close adviser to the interim seat of the Senate, if he could.
Who can say with certainty that he did not?
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