Burris goes to court to push appointment through

[ProSense]

Burris goes to court to push appointment through

CHICAGO – U.S. Senate appointee Roland Burris has asked a court to force Secretary of State Jesse White to certify his appointment to President-elect Barack Obama's old Senate seat.

An attorney for Burris says paperwork was filed Wednesday with the Illinois Supreme Court.

It's the start of legal wrangling over the Senate seat. Illinois Gov. Rod Blagojevich appointed Burris on Tuesday despite the governor's arrest on federal corruption charges.

White rejected Blagojevich's proclamation and says he won't sign off on appointments by Blagojevich because of the accusations against him. The governor says he's innocent.

White spokesman Dave Druker said the state agency had not reviewed the court filing but believes it is acting within its authority.

The Blagojevich-Burris-Rush Follies

[babylonsister]

1. I'll bet the rethugs are thrilled at all this wrangling. Thanks, Rod. nt

[elocs]

25. If the rethugs were to read all the wrangling here at DU they would be thrilled too. n/t

[Hansel]

34. That's why it would be a good idea to just seat him and move on.

The Democrats can spend the next two years building a strong Democratic contender to run against Burris in the primary.

I'm pretty sure that the Republican's hopes will be dashed if they think that this appointment is going to create an opening for them. It's going to take more than that.

[tinrobot]

42. Thank Fitzgerald, actually.

He's the one who put Blago in handcuffs and now can't indict him.

Indict or seat.

[Vinnie From Indy]

2. Burris must be a real piece of work

Is there anything scarier than a guy wanting the office so badly that he would take it from a Gov. like Blago? The appointment is radioactive.

[ShortnFiery]

3. It's legal. I have no problem with this action. eom

[ProSense]

4. Yeah, it's legal for him to go to court to try to force

White to certify his appointment. My guess is that Burris isn't going to get anywhere.

[ColesCountyDem]

5. Sec. White's going to lose.

Sec. White's sole role in this is ministerial, and without discretion on his part. Burris is seeking and will get a writ of mandamus, I believe.

[ProSense]

7. You don't know that.

This assumes that Burris is figthing solely on his behalf. The appointment itself is in question and the court may not side with him. This is just another obstacle to Burris' appointment. The Senate still can refuse to seat him.

[ColesCountyDem]

22. Yeah, I pretty much do know.

It's a straightforward legal issue, and a well-settled point of law here in Illinois. Take it to the bank-- Burris wins this case.

[Blarch]

41. Agreed.

Blago wins this one.

[ProSense]

44. Burris is not going to be seated.

If the Dems stick to their position, this will end up in the courts. You have no idea what the decision will be. Blagojevich discussed selling a Senate seat. His actions were despicable, Burris is on record agreeing and calling for his impeachment. The courts will weigh the Senate's determination about Blagojevich tainting the process.

[Hippo_Tron]

6. The Senate can still expel him

The constitution doesn't state under what circumstances, it just says that with 2/3rds majority they can expel a member.

[mucifer]

8. It's going to cause a huge racial divide. It already is starting here in Chicago.

It's ugly.

Divide an conquer. It's what right wingers do best. Now it's happening again. We should be celebrating Obama's victory. But, the fact that there are zero dems in the senate says something about our nation. The fact that there have only been 3 dems in the senate since reconstruction (2 of the 3 from IL) is abhorrent. There is a problem with the exclusivity of the senate.

[Hippo_Tron]

9. The first African American president who also happens to be from Chicago...

Supports having Burris expelled. I honestly doubt there will be a serious racial divide.

[mucifer]

11. why don't you listen to www.wvon.com ? It might change your mind.

[amandabeech]

43. You can't expel before you seat.

Seating takes a majority, expelling takes 2/3.

I'm with those who say that Burris will get the mandamus.

I'm less certain that the Senate will seat him, and I'm not sure how the SC will interpret the Constitutional clause in question. Until the SC speaks, nothing is certain.

My opinion is that Harry Reid and Obama may have shut the door too soon on the Illinois appointment. Unless there is any evidence that Blago did something wrong in connection with the Burris appointment, I say just seat him and get on with the stimulus package. If anything comes up on Burris, then expel him later. Otherwise, let the Illinois legislature and Fitzpatrick take care of Blago, which each appears ready to do.

No one besides the political junkie internet sites and Chris Matthews will care much about this anyway in a couple of days, if anyone other than the aforesaid sites and individual care now.

[firedupdem]

10. I knew it.....it's just what Blago wanted. And he's got two people

to help him stoke the fires. Rush and Burris. Ridiculous.

[ProSense]

13. Burris should have avoided the circus and turned down Blagojevich.

It's highly unlikely that he will be appointed by Blagojevich's successor.

Blocking Blago: Senate has Plan B for 90-day delay

By MIKE ALLEN | 12/31/08

Roland Burris went to the Illinois Supreme Court on New Year’s Eve to try to get his Senate appointment certified, but Senate leaders back in Washington have a Plan B to keep from swearing him, regardless of what the court decides.

<...>

Senate officials tell Politico that if presented with the appointment, they are likely to give the Rules Committee 90 days to determine the propriety of the appointment by looking into such issues as whether Blagojevich received anything in return for it.

<...>

That should be enough so the senators won’t have to act to prevent Burris from joining the chamber. Blagojevich’s defiance inflamed Illinois legislators, speeding up the impeachment process.

“He will not be governor by Valentine’s Day,” the official said.

President-elect Obama plans to say as little about the matter as possible. But an official said he will declare when pressed that the Senate is well within its bounds not to seat Burris, and that it would be difficult for anyone to work effectively with this kind of cloud over them.

Sources say Blagojevich’s s successor if he’s removed from office, Illinois Lt. Gov. Pat Quinn, is likely to point someone who is African- American, but likely not Burris because of the taint or Rep. Jesse Jackson Jr. (D-Ill), who is often mentioned as a possibility but would be too controversial.

Sources said the choice is likely to be someone young and dynamic, like Dan Seals, who ran in a northeast Illinois House district in 2006 and 2008. It needs to be someone who would appeal to the white Republicans in downstate Illinois, to prevent the seat going to the GOP in a future election.

[dsc]

16. I can't possibly see that working

No matter what happens to Blago, Burris has been appointed to the Senate and is entitled to serve until 2010 unless the Senate finds a legal way to remove him. When Nixon resigned his federal judges didn't go with him nor did his FBI director.

[ProSense]

17. Burris' appointment hasn't been certified yet, and the Senate

has the Constitutional authority to block his appointment.

"Why might the Senate conclude that Burris has not been properly appointed by Illinois' executive..."

[dsc]

23. they may be able to do that

but they can't just wait 90 or fewer days and hope an impeachment makes Burris go away. It would make Blago go away but Burris would still be a legal appointee if the Senate doesn't decide he isn't.

[ProSense]

24. The Senate's position is that Blagojevich forfeited his right to make the appointment.

According to the Constitution, the Senate can make determinations about whether a state abused its right.

[ColesCountyDem]

26. Actually, they can't.

You ought to read Powell v. McCormack to see why.

[ColesCountyDem]

28. This is the legal standard that applies to Sec. White, and the reason he'll lose.

Sec. White's 'certification' is a purely ministerial, non-discretionary act. Legally speaking, he doesn't have a leg to stand out in refusing to certify and transmit the appointment.

http://www.dcba.org/brief/octissue/1999/art61099.htm

[ProSense]

29. Actually, they

can

[ColesCountyDem]

30. The court concluded that the Senate only has power to *expel*, not *exclude*.

Read the actual case, and apply it to the facts instanter:

http://www.oyez.org/cases/1960-1969/1968/1968_138/

Burris has the better legal argument, by far.

[JFKfanforever]

37. Expel vs. Exclude

I was not aware of that distinction.... Good point in Post
#30.  One question comes to mind here: Why aren't the caucus
members in the Senate aware of this?  Why are they forging
ahead with plans to bar Burris?  Surely they must know that he
is on higher legal ground.  Comments from other GLPers
welcome...

[ColesCountyDem]

38. I think they're posturing, essentially.

Sen. Reid, et al, are basically conveying in the strongest terms possible short of actual legal action that anyone the governor appoints is suspect or, as the old Romans would have put it, will incur an unacceptable level of odium, should they accept the appointment.

I think that when push comes to shove this Tuesday, they may well go ahead and either a.) swear Burris in, or b.) refer the matter to a select committee. With all the legal talent at their disposal, I seriously doubt that they will choose to pick a fight that they can't win.

:hi:

[dsc]

36. that is at best debateable

but even then they can't just run out the clock they still have to decide not to seat him.

[ColesCountyDem]

39. Exactly.

I'm also not sure that I'm comfortable with the idea of letting the US Senate decide whether or not Illinois' governor has followed Illinois' laws on the appointment of US Senators. I'm much more comfortable letting the Illinois Supreme Court decide that.

[AZ Criminal JD]

12. No they can't

The Supreme Court said in Powell v. McCormack that they couldn't.

[Hippo_Tron]

14. The court said they can't stop him from being sworn in as a senator

As far as I know, they did not say anything about expelling him once he has been sworn in as a senator.

[ProSense]

15. Yes, they can.

can.

"Why might the Senate conclude that Burris has not been properly appointed by Illinois' executive..."

[WeDidIt]

21. We'll see how Burris v. Reid turns out. n/t

[Hansel]

32. Why would the Republicans want to do that?

They're enjoying the circus too much so I don't think that's going to happen.

[Hippo_Tron]

35. Sure, but they can't approve of Burris' appointment and still trash the Democrats for corruption

They will have to vote to expel him.

[WeDidIt]

18. The more Burris pushes this shit, the worse he comes off.

He's going to get to a point where he will be no better than Blago, IMO.

[mucifer]

19. lots of people don't see it that way. This is dividing us.

[WeDidIt]

20. That was Blago's point

Burris is an ass for even accepting the appointment under these conditions.

[Seen the light]

33. Who exactly is it dividing?

You seem to be the only one in this thread supporting this appointment.

[Danger Mouse]

27. He's an egotistical jerk like Blago.

[elocs]

31. As much as many would like, nothing about this case is going to be a slam-dunk, sure thing.

It will end up in court where it also will not be a slam-dunk, sure thing.

Burris must really be a piece of work that he wants to be a Senator so badly that he is more than willing to take an appointment from a tainted governor. Even if he would become a Senator he would suffer a humiliating defeat for the nomination in 2 years. Does he really want to be remembered for this? What a sad man he must be.

[firedupdem]

40. He's slimy...Blago is slimy, Rush is slimy....

what the hell is his rush? trying to finish off that granite shrine he's built to himself? I don't trust this guy as far as I could throw him.

[goodhue]

45. Burris will be seated