Against the Law
Submitted By Todd on September 24th at 4:26pm
The Massachusetts Republican Party has filed an injunction in a Boston court seeking to block former Democratic Party chairman Paul Kirk from becoming the interim replacement for the late Sen. Edward Kennedy.The law creating the appointment power for the Governor was only passed yesterday. But in Massachusetts, a new law doesn't take effect for 90 days unless the legislature passes the measure with an emergency preamble by a two thirds vote. They tried, but fell short, then passed the measure without such a preamble. In other words, by specific action of the legislature, there was no emergency.
Patrick signed an emergency letter that he says allows the law to become effective immediately. Republicans allege in their court filing that Patrick did not have the constitutional authority to do that.Lawyers for the GOP claim the Governor only has the power to pull an emergency chord on his own in special circumstances - ones that don't happen to apply to an empty senate seat.
But State Secretary William Galvin said today the power to make the immediate appointment is "very clearly available" to Patrick.Who can blame Galvin for being afraid to stand up to the Obama administration?
Kirk, the former head of the Democratic National Committee, is set to be sworn Friday.We can't really expect a judge, appointed because of their political activism in support of liberal Democrats, to do better than Galvin. It will be the rule of the (Kennedy) Clan over the rule of law.