THE PROGRESSIVE REVIEW – August 31, 2009

Massachusetts Law Makes Swift Kennedy Succession Unlikely
by: James Oliphant
The Los Angeles Times

A special election, in no sooner than 145 days, is required
under a 2004 law that Kennedy supported then but sought to
have reversed in his final days. Obama loses a powerful ally
at a critical time.

Washington – Sen. Edward M. Kennedy didn’t live to see his
last public wish granted.

Last week, during what turned out to be his final days,
Kennedy sent a letter to Massachusetts Gov. Deval Patrick
and Democratic leaders of the state Legislature, asking
that the state law for choosing a successor be amended.

Kennedy hoped to have Patrick granted the power to choose
an interim senator until a special election could be held.

Currently, the only process for replacing a senator in
Massachusetts is through a special election, which could
take up to five months. Under state law, the governor must
set a date for an election between 145 and 160 days from
today.

Unless the Legislature moves swiftly to change the law,
the state will be represented by just one senator,
Democrat John F. Kerry, during that period.

It also means that, with crucial and close votes potent-
ially nearing on healthcare and climate-change legislation,
Democrats in the U.S. Senate will be have one less vote.

In a chamber where it takes 40 votes to stall any
significant bill – and Republicans hold precisely that
number of seats – the new vacancy could be perilous for
the White House’s agenda. Another Democratic stalwart,
Sen. Robert C. Byrd of West Virginia, is seriously ill
and frequently misses votes.

In his letter to Patrick, which was written in July but
not sent until last week, Kennedy wrote that “it is vital
for this commonwealth to have two voices speaking for the
needs of its citizens and two votes in the Senate during
the approximately five months between a vacancy and an
election.”

————————————————————

/-/-/-/-/-/-/-/-/- YOUR VIDEO SNACK BAR /-/-/-/-/-/-/-/-/-/
Top Videos Of The Week

1. Classic Spike Jones
http://c.gophercentral.com/iy4y

2. Hendrix at Woodstock
http://c.gophercentral.com/xXo9

3. Amos N’ Andy – IRS Office…
http://c.gophercentral.com/4H3P

4. Classic Blues Brothers
http://c.gophercentral.com/7J1b

5. NFL Greats – Walter Payton
http://c.gophercentral.com/wFU2

6. Steam Trains
http://c.gophercentral.com/aqEl

————————————————————

Members of the Massachusetts Legislature were cool to the
idea of altering the procedure.

Kennedy’s death could change that, however. Republicans
in the statehouse accused Kennedy of hypocrisy, noting
that he had supported the last change in the law, in 2004,
which eliminated the power of the governor to appoint an
interim successor.

That was done because of fears that then-Gov. Mitt Romney,
a Republican, might appoint a member of his party to
replace Kerry if he won the presidency in his race against
George W. Bush in 2004.

“This is just a political, partisan consideration,” Bradley
Jones, the Massachusetts House minority leader, said last
week in an interview.

Gov. Patrick is a Democrat. It has been speculated that, if
given the power to appoint Kennedy’s replacement, he could
choose Kennedy’s widow, Victoria Reggie Kennedy, or another
member of the Kennedy family, such as former Rep. Joseph
Kennedy II.

Jones conceded that if Democrats, who hold a commanding
grip on the state House, wanted to accede to Kennedy’s
wishes, they could change the law.

“When the tanks get rolling, they’re going to roll over us
if they want to do that,” Jones said.

Kennedy actually benefited from the previous Massachusetts
law. After his brother John won the presidency in 1960, a
family friend was appointed to hold the seat until Ted
Kennedy was old enough to run in a special election in
1962 – his entry to the Senate.

Kennedy’s letter was at times wistful and ruminative,
signaling that he believed his days were drawing to a
close.

“For almost 47 years, I have had the privilege of represent-
ing the people of Massachusetts in the United States
Senate,” Kennedy wrote, adding that serving in the chamber
“has been – and still is – the greatest honor of my public
life.”

————————————————————