(CNN) - A Massachusetts judge Friday rejected a request from state Republicans to delay the appointment of Paul Kirk as the late Sen. Ted Kennedy's interim replacement.
Kirk was formally appointed to the post Thursday, a day after the Massachusetts legislature approved a measure allowing for Gov. Deval Patrick to name an interim replacement until a special election is held in January.
But the legislation was not set take effect until 90 days, and Republicans argued Patrick exceeded his power by formally declaring an 'emergency' and appointing Kirk immediately. Massachusetts Assistant Attorney General Peter Sacks argued on behalf of the governor, saying previous rulings have made clear Patrick has broad authority to declare an emergency as he see fits.
Judge Thomas Connolly dismissed the case after hearing arguments from both sides Friday morning.
Kirk will be sworn in by Vice President Joe Biden Friday afternoon.