September 25th, 2009
01:55 PM ET
5 years ago

MA judge denies GOP request to delay Kirk appointment

Kirk was  appointed to the post Thursday, 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.'
Kirk was appointed to the post Thursday, 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.'

(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.


Filed under: Paul Kirk • Ted Kennedy
soundoff (123 Responses)
  1. eolufemi

    These people are constantly crying...Whether it be the president speaking to children or them becoming an even smaller minority, they are some of the worst sore losers of all time.

    September 25, 2009 04:25 pm at 4:25 pm |
  2. victim of republican greed

    As long as there is a South Carolina, no state will have to worry about being a laughing stock.

    September 25, 2009 04:28 pm at 4:28 pm |
  3. Dan

    Revolution means: ------------------->

    1. The Process of Incompetent getting Automatically Eliminated.
    2. Just like in the Competitive Market, Products that are Good, will Sell.
    3. Revolution is not happening by Choice, it is a happening by Necessity.
    4. Obama is not making the Revolution to Happen. Obama is the end result of the Revolution. Obama was elected as the President, because of the Revolution against Bush and the Incompetent GOP.
    5. Revolution is not caused by Obama, rather Obama is the result of the Revolt of the People against GOP.
    6. Obama is the Outcome of a Revolution, he is not the one who brought the Revolution.
    7. The real Revolution is yet to Come, when GOP will be Extinct and Perished.

    September 25, 2009 04:31 pm at 4:31 pm |
  4. trapezemedusa

    Once again–Republitards hate freedom–religious freedom, sexual freedom, health care freedom of choice-luckily it doesn't matter anymore. They are disintegrating. Barack will institute policies that will be entrenched in law for decades. ( He'll serve his 8 and then hand pick his successor) .It's over boys. The south will most certainly not rise again.

    September 25, 2009 04:35 pm at 4:35 pm |
  5. Chuck Anaheim, Ca

    That's a shame you feel that way republicants, maybe if you would have been negotiating in good faith for the past several months instead of spewing lies then this kind of stuff would not happen to your poor little party of hicks and political hacks. This was no different than the stunts you played when in dictatorial control of the Senate and House.

    September 25, 2009 04:36 pm at 4:36 pm |
  6. Tony in Maine

    And to all those Republicans squealing about how partisan politics have trumped law – how is this different from 2000 in Florida and the Scalia Court injecting itself into a state issue and running to Minnesota this past year and the delaying tactics to keep Franken from being the 60 senator?

    Oh, that's right – if it comes from the conservatives, it's doing God's work. I forgot.

    September 25, 2009 04:40 pm at 4:40 pm |
  7. JMigyanka

    Beware – in a theatre near you – Return of the Planet of the Apes – the democrats will ensure our grandchildren will discover the deteriorated Statute of Liberty on the eastern shore.

    September 25, 2009 04:42 pm at 4:42 pm |
  8. Darko

    Changing the laws to fit their political needs. Democrats must be so proud...

    Hmm...this law is bad, change it so Romney can't appoint another republican. What, Kennedy died? Quick, repeal the law!!! It's an emergency! we need 60 seats to pass our agenda and to hell with what the public wants.

    and yet, some obots will find absolutely nothing wrong with this.

    September 25, 2009 04:42 pm at 4:42 pm |
  9. Jackie in Dallas

    Every Governor has the ability to call an emergency for his or her state. States' rights, you know. What constitutes as emergency is what is in question. I think with rampant unemployment and our global economic recession, an economic emergency is just as valid as a natural disaster...maybe more so, since the GOP brought this on us themselves. That the state of MA should be without representation for 3 months, during which critical legislation is pending, would mean that that state would not have the representation that they are entitled to by our Constitution.

    Yes, I agree that switching the law before was probably wrong and politically motivated. But the people of MA do not seem to be the ones complaining the loudest, here, it is people from other states. Maybe you should focus on what YOUR state government is doing, instead.

    September 25, 2009 04:48 pm at 4:48 pm |
  10. maximus (NY)

    I just can't get it. Why do these GOP's guys oppose everything? Don't they have anything else to do? That's ridiculous. Why don't they just go to sleep until next election or better yet, drop dead?. They are an obstacle to everything good that comes to happen in America, I'm begining to suspect them as not true Americans. They are America's deadly enemies who died and got reincarnated to fulfill they oath of bringing America down. What;s the big deal about the guy swearing in now or later? Those GOP's realy have no time to think about thepeople or the country needs, they are so continuously busy, opposing decisions, blaspheming, and plotting vile tricks. It's all about them and politics; as if politics is the only topic in life. Lord Jesus when will you finally come?

    September 25, 2009 04:48 pm at 4:48 pm |
  11. Ken

    Typical witless rightwing reactionaryism:

    "Im glad you are calling the GOP the party of NO.
    No to this boondoggle of a health care bill."
    –But yes to the status quo of built-in insurance company profits and death squads, and yes to the expense of treating the uninsured after-the-fact.
    "No to illegal imigrants."
    –But only if its brought up in a cultural context. It was a resounding YES, when it suited big business profits!
    "No to the dismantling of the constituition."
    –I'm sorry, this is deluded as it gets. The ONLY people dismantling the constitution were the rightwing puppets YOU elected to office in 2000 and 2004! Where was your "no" then??!!!
    "No to Crap and Trade."
    –But yes to the status quo again. Let the climate warm, even though we have the means to minimize the effects?

    This is uber-partisan moronism at its very best.

    September 25, 2009 04:49 pm at 4:49 pm |
  12. LacrosseMom(stuck in moderation)

    The State of Massachusetts ELECTED Sen. Edward Kennedy, a Democrat. So a Democrat is going to finish Sen. Kennedy's term in office.

    Massachusetts WILL have a chance to VOTE for a new senator in 2010. Why is it that the GOPers are so upset about this?

    In our Red State, when the GOP governor stepped down, another GOP governor was put in place. We will later get to vote for a new governor.

    The GOP wants to do things their way, and that's okay. But when the Democrats play the same game, its a crime!

    Hypocrites.

    September 25, 2009 04:51 pm at 4:51 pm |
  13. stan

    The gop cant win running far right wingers,when 2012 gets here its going to be 24yrs since the gop got more then 300 electoral votes,the reason for that is simple the minority vote.the gop is going to have a tough time beating obama in 2012,the minority vote is going to be 29% which means the gop have to get 65% of the white vote to win,and i dont see any gop nominee getting that because the gop is to far to the right on issues these days,obama is going to win and a landslide once again,the gop have to realize the demographics have shifted tremendously in favor of the democrats,i just dont know how the gop is going to win in the future,the numbers for the gop is just not there,obama can have approval ratings in the 30s in still win in 2012,because the gop just dont have the numbers anymore its that simple.

    September 25, 2009 04:55 pm at 4:55 pm |
  14. Mike, Albany

    Good! And I'm sorry, republicans. You're "shining stars", Bush, Cheney, Palin,.... just didn't work out. They were unpopular domestically and internationally, inarticulate, and arrogant, and they nearly ruined us. But that was the best you could do, we get it. Now we have a democratic leader who is smart, popular, talented, and poised to succeed. I know that must make you pretty mad (and probably a little jealous, too), but really, it would be best if you just stepped back, and little the intelligentsia do the important work of running the country because, frankly, I think it's a little beyond you, a little over your head. Watch and learn, and maybe you can pick up a few tips that will help you 2012. Although, of course, by that time, the democrats will have moved way beyond you. I mean, how much can you really contribute if you have figured out how to add 2+2 while the rest of us are doing integral calculus?

    September 25, 2009 04:57 pm at 4:57 pm |
  15. Farrell in Houston

    Republicans are just obstructionist and this is more proof of a waste of taxpayers money. You go Judge.

    September 25, 2009 05:05 pm at 5:05 pm |
  16. B

    Just ignore the – Republican Obstructionists – and get on with it.

    Everyone knows what they want, to stop everything that is about Change!

    September 25, 2009 05:27 pm at 5:27 pm |
  17. Dar

    It's not about left or right, it is about right or wrong people. This isn't a game and our goverment is playing with our future and the kool aid gang thinks this is fun watching our country fall apart in front of their eyes. They have no idea whats happening here and dont care
    There was not an emergency! Well I take that back, there was for the Dem's, they needed the Vote.
    God Bless All

    September 25, 2009 05:29 pm at 5:29 pm |
  18. Denna

    The GOP should take a flying leap in a rolling donuts. I guess you only have a chance to cheat when it's in Florida. Hahaha.

    September 25, 2009 05:34 pm at 5:34 pm |
  19. Barbara

    Check out the Iraqi Constitution, ratified in 2005. It was developed with the Bush Administration's input. Article 31 calls for UNIVERSAL HEALTH CARE.. GOVERNMENT FUNDED... AS A RIGHT FOR ALL IRAQUIS.

    Is it that Republicans feel that Americans don't deserve the same... or could it be that there are no campaign funds for Republicans in Iraq?

    Simply Google Iraqi Constitution, 2005.!

    Just askin.....

    September 25, 2009 05:48 pm at 5:48 pm |
  20. JOBLESS IN IOWA

    Just another CROOKED judge just like the COOKED Democrtaes and their control the world agenda.

    September 25, 2009 06:17 pm at 6:17 pm |
  21. Rick CT

    So the judge is also a part of the corrupt, hypocritical political process. Gee, what a surprise.

    September 25, 2009 06:19 pm at 6:19 pm |
  22. ran

    The GOP will do everything they can to obstruct getting things done for the people.

    I say go it alone for now and get health care/energy/immigration done because the Republicans have no intention of voting for or helping get this country back on the right track for us all.

    We have 60 Democrats now or if the "blue dogs" want to follow the way of the GOP then use the 51 option. Either way just start getting things done.

    September 25, 2009 06:38 pm at 6:38 pm |
  23. Justin

    It's not the first time judges in Massachusetts have shoved something down the commonwealthers' throats. Why doesn't the legislature just write a law when there is a Democrat as governor and when there is a Republican as governor? They would save alot of paperwork and a morning voting on the issue. When Gov. Patrick isn't elected next year, will CNN cover the story when the legislature votes to repeal this supposedly "emergency" law? Sadly my home state is becoming a farce. I think I'm going to write to my former state legislature about this hypocrisy, a man who is as young as I and seems to be swayed by democratic relativism.

    September 25, 2009 06:38 pm at 6:38 pm |
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