(CNN) - Illinois' highest court has ruled the secretary of state does not have sign off on the appointment of Roland Burris to fill Barack Obama's vacant U.S. Senate seat.
Click here to read the Illinois Supreme Court's opinion
From CNN Politics
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SO WHAT WAS REID AND DURBIN THINKING?
What a pity!
Keith Olbermann reported on this fact on Tuesday-why is he always the first to cut through the fat?
The courts have now given Harry Reid his way out of this mess. Expect Mr. Burris to be seated by sundown.
From what I have seen and heard from Burris is that he is both an opportunist and a ditz. There shookd be elections not appointments in a democracy especially with the power a Senator can have.
Funny reid was trying to make the secretary of state the fall guy for trying not to appoint burris.
Get rid of Blago and the likes of him, Illinois, and we will forgive you.
I told you so.
Anybody who will accept anything from the corrupt governor
is equally corrupt, naive and totally irresponsible.
Just look at Burris's permanent, stupid grin.
The Senate knew this would happen , hence the change in attitude this week.
Is this the best wording? Or do I need another cup of coffee?
Well, this means that the Senate Democrats can refuse to seat Burris on a technicality. Although the appointment is legal under Illinois law- the signature of the secretary of the state is not really necessary according to Illinois law, so there is no law that requires the secretary of the state to sign off on the governor's appointment- the rule of the U.S. Senate requires certification from the secretary of the state and the governor. Perhaps the Senate rule needs to be changed, but that is a separate issue.
This appointment of Mr .Burris is very tainted, let LT. Governor pick the new appointee to Mr. Obama's seat!
Face saving opportunity for Harry Reid. He can seat Roland Burris and avoid looking like an idiot. Well... on this subject at least.
11 days till the end of the Bush administration.
Bush-bashing in 3... 2... 1...
That's fine but I don't see why Sec. White thinks the governor is guilty until proven innocent then. That's not the way they system works and the appointment was legal.
So, swear in Burris and show him to his Senate seat. All this other crap can be worked out later.
If the Senate can put up with Larry 'happy feet' Craig, they can put up with Burris.
Let the man sit and get it over with. He has to win in two years anyway. The only problem I have with it is if this qualifies him to a life long pension as a senator for just two years while other people are loosing savings, homes, and dreams of a better life. He does not deserve to be set for life if that is the case.
wake up people you don,t know a much as you think Reid stand down on this one. Once again the congress has egg on its face.
really says alot for our elected officials
Put a fork in Blago!!!!!!!!!!
The problem is that the U.S. Senate is saying the certificate must bear the ceremonial signature of the Illinois Secretary of State. The US Senate says that basically the Illinois Secretary of State has effectively a veto power over the Governor's appointment power. Time to go to federal court against each U.S. Senator their personal capacity for violating Roland Burris' civil rights.
Mistake........
No wonder our government is so screwed up. It appears that those running government don't know the responsibility of government. We need to throw them all out and bring in young intelligent people who have the knowledge and skills to do the job.
and they are called "law makers" but don't know the law!! Oh My!!
Give the man the seat. We have an economy to worry about.
How much crow is Reid going to have to eat? Either he is the dumbest Senate majority leader ever, or he needs to fire his clerks, because their research into this issue sucks.
The Opinion of the IL Supreme Court not only says that the Governor's appointment was legal, but went further and said that the signature of the Secretary of State is not needed and that there is NOTHING in the Constitution or Federal Law which would give the Senate "tradition" and Harry Reid's arrogance the right to block the seating of Senator Burris. This is a 17th Amendment Constitutional issue and a states' rights issue. Should harry Reid continue to block this, he should be impeached. President Obama should step up and make a public statement – and fast. As a Republican, I am tickled to death to see the entire Democratic Party falling apart at the seams under Reid's leadership while the country falls apart. This is truly wonderful for the GOP – We should have control of the Senate by mid term. Dems could never handle prosperity ...
Duh!! Really?? I could have told you that!! (Is this what we pay these guys to do...waste taxpayer $$ making decisions about "Seinfeld issues"???
If Senate rules trump a State's selection of Senator – what's to prevent a Senate rule preventing African-American Senators from being seated? Of Athiests? Of those under 5 ft tall?
Given the Illinois House impeachment of Blagojevich today by such an overwhelming margin, Burris should not be seated under any circumstances. If a special election were held today, there is no way Burris would be elected U.S. Senator.
The opinion means the Secretary of State will not be ordered by the Court to sign it. It doesn't mean the Senate can not require it. So, if the D's decide to seat him, ok, if not, then former Attorney General Burris can not be seated. Not a victory for those trying to seat Mr. Burris, although the Court is saying the Senate would be ok in seating him too under Illinois law.
Illinois' highest court has ruled the secretary of state does not have sign off on the appointment of Roland Burris to fill Barack Obama's vacant U.S. Senate seat....... Now What !!!
The GOP should throw Harry Reid a party for making a real mess of the Burris appointment. Harry's Senate Tradition will prove no match against IL state law or federal law . Senator Reid is effectively keeping IL from legal representation in the Senate; violating IL state rights; violating the Constitution; violating federal law; giving the IL Secretary of State the "effective" absolute power to seat or not seat the IL Senator, and making a laughing stock of the Democratically controlled Senate. Mr Reid seems intent on pouring cold water on Barack Obama's inauguration. Hummmm ..... Reid blocks a black man from being seated, and is now causing problems for our first black President. Maybe Mr Reid and our all white Senate is racist afterall.
More crooks ruling on crooks–anything out of Illinois is tainted.
So let him slide in through the back door, the pig.
I can't stand the fact that Blago is getting what he wants. He outsmarted everyone. He can laugh all the way to the Big House.
This was not about race, it was about right and wrong. It is wrong to send anyone that Blagoboy appoints to the Senate. What a joke.
Then Roland Burris is going to go back to the Senate, and they're going to tell him again his credentials are not in order. Burris and the Senate are going to be running in circles.
get on and get over it and sit Mr Roland Burris what power do you
have to deny democracy to this man...?
That is old news....I heard that it was "optional" and not required...just more silly political games – think of all the "gas" wasted on this "ploy"...stop it already – we need serious politicians doing serious things – not one-up-manship!!
keep it up and you too will be gone!
Okay Dems.....seat Senator Burris and quit making an issue where even the Illinois High Court says none exists.
The Dems. have got to let this one go! There comes a time when you have to admit that someone got the upperhand on you. Blagojevitch won this battle. Go back endorse legislation that will cover up this loophole and help our new president to be get our country back on track.
So, what's the impact now? The Democratic leadership in the US Senate ahve already made it clear that they won't seat him.
Oh, wait, that was the first story. I forgot, the Demcorats went back in time and changed what they said.
He who controls the past controls the present.
He who controls the present controls the future.
Then seat him. The U.S. Congress was within its rights to question the appointment of Burris, but now that the legal question is answered, and until there is just cause to do otherwise, seat the senator. They don't have to like the fact that Blago is corrupt and appointed Obama's replacement while tainted by corruption charges and an imminent impeachment, but they do have to live by the law like everyone else (Bush included, contrary to Alberto Gonzales opinions), and the law states that the governor can make the appointment, he has done so, and the Supreme Court has ruled that that appointment can stand. Nuff said. Maybe Reid shouldn't have tossed out that challenge so flippantly.
Go figure, obama has not even got in office yet and everyone is following his lead. screw the Senate laws, screw the Constitution, just do as he says and get over it.
I felt that the Illinois Secretary of State's action never had any real bearing on the validity of the Burris appointment by the governor. The decision of the United States Senate on whether or not to seat Burris should not depend on this ruling. Such decision should be based, not on the legal, but upon the political reality that Burris appointment of anyone to the seat should be invalid because of his prior bad acts.
This case was a red herring from the start.
Serious?
Seems I recall telling you all last week that the signature of the Illinois Secretary of State was NOT a requirement for the Governors' appointment to be valid.
The Illinois Governor has ALWAYS had sole authority to fill a vacant Senate seat.......and it's not subject to anyone's veto or approval.
Now the Senate needs to seat Burris because they have no legal cause to do otherwise!
If Reid seats Franken, who does not have certification as Pawlenty stated he will not sign until all legal actions have been completed, and does not seat Burris who does not require certification, according to to the Ill. Supreme Court, he (Reid) and the Dem leadership will look like fools! They will have major questions to answer!
This is the way a state supreme court should always rule, mind you this is my native state supreme court (il), justice
for all, not legislate from the bench like my state (ca).
If I read the opinion correctly, any ordinary citizen can walk into the IL Secretary of State's Office and request a "record or paper" (which the governor's "appointment" letter now is), pay the small fee and get the document with the Secretary's seal affixed. Sounds like all this hub-bub was being held up for a $2.00 fee? Crazy country we live in. No wonder we have a huge deficit!
Harry Reid needs to get out of the way and seat Senator Burris.
Where are Sharpton and Jesse Jackson when you really need them.? They should be up in arms over this injustice.
With all the problems facing this country, this is a media circus created by Sentors who believe their own hype. Reid could simply have asked the AG's office if they currently had any info connecting Burris to the Blago investigation. The man is in his 70's and would be a junior Senator with no power. After 2 years (more like a year and half) in D.C., he might not have the energy to run again. And if he does, the Ill voters can decide if they want to keep him. I am happy to see that the Ill Supreme Court gave Reid a much needed smack down. Does he really believe that a Senate rule has precedence over state law and the constitution? The man is dilusional! Senate Dems next move needs to be to sear Burris in and lets get on with more important matters!!
What is the point of having the law stating the Secretary of State must sign this IF it is going to be ignored? Maybe just have the Supreme Court take care of all of the business in Illinois and forget the other appointed offices to carry out the laws.
I think Bush should be the one impeached and imprisoned. Why isn't anyone focusing on that! Also, why isn't anyone talking about where the bailout money went.....did tax payers buy that house for Bush in Dallas??
No brainer here.
Just seat him.
LOL, LOL, LOL.
Wow, now this is humorous. I find it entertaining that Burris will be seated in the Senate. Correct me if I am wrong but, he was appointed by a legally elected official.
It is good to know that the American Way is still alive and kicking.
LOL, LOL, LOL.
Nothing against Roland Burris, but kudos to Jesse White for sticking to his guns anyway.
Thank goodness! Now lets get this crap over with!!!
Congratulations America. Once again your judicial system proves itself to be a laughable but sick joke. Confirming the appointee of a governor with criminal charges hanging over his head is astounding. Are there no decent people with integrity and intelligence left in your judicial system?
For those that don't understand the US: we have this pesky little thing we like to call the constitution, which gives ALL of us the presumption of innocence. In simple terms, that means you are not guilty JUST because the government claims you are ... they have to prove it in court. Until they do, you are innocent.
So Blago is almost surely going to go down, but it hasn't happened yet. He is still the gov. So if he signs some legislation, it becomes valid law. Same thing if he appoints someone.
Of course his appointments will be surrounded by a cloud of suspicion, but as the sitting gov, he does have the power to appoint. His appointments ARE valid (just inherently suspect).