Mass. Court Denies GOP's Effort To Block Kirk's Appointment

Court denies GOP bid to block Paul Kirk

A Massachusetts judge on Friday rejected a Republican effort to block Senate appointee Paul Kirk from taking office.

Judge Thomas Connolly of Suffolk County Superior Court denied a motion filed by the Massachusetts Republican Party seeking an injunction against Democratic Gov. Deval Patrick, who they said overstepped his constitutional authority by using an emergency declaration to pave the way for Kirk’s appointment.

Since most Massachusetts laws do not go into effect for 90 days, Patrick had to issue the declaration so that legislation allowing him to name a replacement senator—which won final approval Wednesday—could take effect immediately.

Republicans filed their motion Thursday, the same day that Patrick chose Kirk to temporarily replace the late Sen. Ted Kennedy. Kirk, a long-time Kennedy friend and associate, is scheduled to be sworn into office in Washington Friday afternoon.

At issue in the case was a letter Patrick sent to Massachusetts Secretary of State William Galvin Thursday morning declaring the new legislation an emergency law.

“So that the people of the Commonwealth may have full representation in the United States Senate without delay,” the governor wrote, “I declare that it is in the public interest and convenience that this Act take effect immediately.”

Kirk, 71, will serve in office only until the Jan. 19 special election to replace Kennedy, but his appointment was a win for Democrats who have been seeking a 60-vote Senate majority as lawmakers debate health care reform and other issues this fall.

For weeks, Republican state legislators have voiced their opposition to giving Patrick the authority to make the interim appointment and GOP lawmakers used parliamentary delaying tactics to try to stall the bill. Republicans charged that the change to the state’s succession law was a hypocritical exercise since Democrats had designed the current succession law in 2004 to prevent then-Gov. Mitt Romney, a Republican, from appointing a senator.

On Friday, Massachusetts Democratic Party Chairman John Walsh called the GOP attempt to block the appointment “shameful.”

“It is a serious disservice to the people of our state for the Massachusetts Republican Party to try and block today’s swearing-in of Paul Kirk to the United States Senate,” he said in a statement. “Massachusetts needs two strong voices in the Senate today to help us create jobs, protect our health care coverage and work with constituents who need help; that work cannot wait until next month or next year.”

In a statement following the judge’s ruling, the state’s GOP chairwoman, Jennifer Nassour, said the successful Democratic-led push to change the state’s election law was a “purely partisan” move and suggested that lawmakers would be held accountable.

“I urge the voters of Massachusetts to not allow the courts the final say in this matter,” Nassour said. “I believe the ultimate remedy to the untenable situation on Beacon Hill can be found in the voting booths.”



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Sources: Politico, Google Maps