Comments on: Dick Durbin Says Burris Won’t Be Seated

By: daleyrocks

daleyrocks — Mon, 12 Jan 2009 21:43:08 +0000

Durbin’s position didn’t last long. He changed it yesterday and acknowledged that Burris would be seated.

By: M. Scott Eiland

M. Scott Eiland — Mon, 12 Jan 2009 00:13:09 +0000

I agree with Pablo. The opinion of Illinois’s highest court will be the rule of decision in federal court.

Which would still mean that the federal courts have to hear the case to so rule–a summary affirmance and order to the Senate from the USSC to seat Burris is *very* unlikely. It will take time, and things can happen–like Blago being removed from office by the Illinois Senate and the new governor withdrawing the appointment of Burris–during the wait.

By: nk

nk — Sun, 11 Jan 2009 22:43:38 +0000

I agree with Pablo. The opinion of Illinois’s highest court will be the rule of decision in federal court.

By: Steverino

Steverino — Sun, 11 Jan 2009 21:46:59 +0000

We’ll have a Senator and an anti-Senator?

Don’t let them come into contact, or the entire universe will be destroyed.

By: Pablo

Pablo — Sun, 11 Jan 2009 21:45:17 +0000

If he does, he’s right–at least in the short run. If the Senate does decide to stand firm on this, the Illinois Supreme Court’s decision isn’t worth squat. The US Supreme Court will have to take the case and order the Senate to seat Burris if they want to. They may cite the reasoning of the Illinois Supreme Court in their decision, but it will be the USSC who brings down the hammer if it happens.

I wouldn’t be so sure about that. The state has the right to name its representatives in the Senate and to decide how that will be done. When it gets to The Supremes, the question will likely be limited to whether the Senate can refuse to seat a duly appointed Senator. And I suspect the answer will be “no”. The IL decision will loom large in that it declares Burris to be the rightful junior senator from IL.

By: The Intellectual Redneck

The Intellectual Redneck — Sun, 11 Jan 2009 21:13:41 +0000

More information is coming out on Obama's Blogojevich contacts In spite of what the Obama team has told us, the contacts than had with Blagojevich ran deep. The most troubling thing is Obama wanted to maintain a close relationship with Blagojevich even after he was under suspicion. New information has been uncovered through the Freedom of Information act.

By: Federal Dog

Federal Dog — Sun, 11 Jan 2009 20:44:27 +0000

Has Durbin started crying yet?

By: nk

nk — Sun, 11 Jan 2009 20:33:26 +0000

Scott #19,

We’ll have a Senator and an anti-Senator?

By: M. Scott Eiland

M. Scott Eiland — Sun, 11 Jan 2009 20:08:19 +0000

Is Dick Durbin so massively uninformed that he thinks the petulant whim of the US Senate trumps the unanimous and clearly reasoned decision of the Illinois Supreme Court?

[checks for sarcasm smilie]

If he does, he’s right–at least in the short run. If the Senate does decide to stand firm on this, the Illinois Supreme Court’s decision isn’t worth squat. The US Supreme Court will have to take the case and order the Senate to seat Burris if they want to. They may cite the reasoning of the Illinois Supreme Court in their decision, but it will be the USSC who brings down the hammer if it happens.

By: Scott Jacobs

Scott Jacobs — Sun, 11 Jan 2009 19:01:24 +0000

How can the new governor make an appointment to a Senate seat that is no longer vacant since Burris was appointed

Well, if Burris nevergets seated, then the seat is still vacant, and Quin can fill the vacancy…

But I suspect Pat will re-appoint Burris…