Their bid to stop Paul Kirk from being sworn in as Senator was thrown out. Why?
Judge Thomas Connolly ruled that the Republicans’ claim was legally inadequate, noting in his four-page decision that, ‘the Party does not cite any case law in support of its argument.’ The GOP had maintained that Democratic Governor Deval Patrick overstepped his authority by declaring an emergency so Kirk’s appointment could be made immediately. Connolly ruled, however, that the state Constitution clearly gave the governor the power to call for the immediate implementation of a law by sending the secretary of state a letter.
I’m not a lawyer, the closest I’ve ever gotten to law school is regular watching of Law & Order, but even after one episode of that show everyone knows that to make a legal argument you usually cite some case law. Otherwise you’re just wasting time.
Cue the chorus…
“IT’S…..NOT…..FAIR!!!!!!!”
everyone knows that to make a legal argument you usually cite some case law
Apparently they don’t teach it that way at Regent U. Instead, they teach lawyers to cite Biblical law.
“Paul Kirk is a race traitor who wants to give goodies to people that aren’t white”-Mass GOP
“what?”-Judge
Durablend stole my line.
BTW, OW. As I write, the first headline under your Breaking News links says: “Free Madden NFL 10.”
What are the charges against the Madden NFL 10? When’s the trial?
Case law has the unfortunate attribute of often being very long. Certainly beyond the preferred conservative maximum length.
Case law has the unfortunate attribute of often being very long. Certainly beyond the preferred conservative maximum length.
And, as with Facts, a Liberal Bias. We have Truthiness. Should there also be a “Legalesque” or something?
Parthenon–I s’pose “‘coz we said so, and smart people do what we say” doesn’t equate to good case law in MA.
Seems to do jus’ fine in TX and LA, tho…..
“What Would Jesus Do?” could also be another legal argument. Is there a “Jesus stopped the governor doing the wrong thing” story in the Bible?
Petty partisan games. If a Rethuglican was appointed, they would be singing praises to Jeebus. Idiots.
It’s amazing – the GOP expects to have this stuff just handed to them, without their making any effort.
And when they don’t get what they want, they just get angrier, and – if this is physically possible – stupider.
As a MA resident and regsitered Dem, I can honestly say the GOP is in the right here, and if the shoe was on the other foot, the Dems would be doing the exact same thing. In 2004 when Romney was governor and there was a possibility that Kerry might vacate his seat, the Dems scrambled to ensure the Republican governor could not fill a vacated seat. They did this by passing a law stating the seat must be filled by special election. Now the law they wanted has bit them in the ass, so they got it pulled. It’s a weasely thing that they did, even though it benefits our side.
Bryan asks,
‘Is there a “Jesus stopped the governor doing the wrong thing” story in the Bible?’
One thing you can be sure of: if there isn’t one, they’ll make one up. By grabbing some story and torturing its meaning until it cries for mercy.
In fact, there is a story on that subject, which you’ve no dob\ubt heard of. You put this Jesus fellow on the spot, in a very nasty double bind, in fact, by holding up a coin and asking, in front of lots of people, whether you should pay it in tribute to the hated Roman oppressors. Whatever he answers, he’s in deep mud with powerful people.
So he says, “Let me see that coin you’ve got.” And, “Whose is that picture on it?”
“That’s mighty Caesar who runs our country for his profit, you doofus. That’s his picture, and it even has his name on it.”
“Oh well, then, if it’s Caesar’s coin, render unto Caesar that which is Caesar, and render unto God that which is God’s.”
Now there you have a real failure as a political activist.
WATB.
The GOP is NOT in the right here, (especially since, you know, citing law is kinda fundamental in a court case) and the law about a special election did NOT get “pulled.”
Romney would have had the power to appoint a replacement for the rest of Kerry’s term, which would have been close to four years. In this case, there will be an election in a few months and the people will elect the actual replacement. Patrick merely gets to appoint a seat-warmer, so the state maintains its full voting power for a few months. The Governor still can’t appoint an unelected Senator to serve for years.
Pelosi and Reid could take a few notes- in Massachusetts if Republicans don’t like something, the leadership says “get bent” until you win some elections. In the US Congress and Senate, that type of bill never would have gotten out of committee because that wouldn’t be nice to the minority party. If it was Harry Reid, he would appoint a Republican “just to be fair.”
Um, I hate to be a party pooper, but I’m fairly sure that they could have cited precedent in lieu of citing case law. I’m truly jazzed that the Mass. Dems did what they did, even if, as another commenter pointed out, if republicans had done the same thing, we’d all be having kittens over it. What’s good for the goose is good for the gander.