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. Robo

    How funny.

    September 25, 2009 02:11 pm at 2:11 pm |
  2. Doris

    This is great! Healthcare Reform is here!!

    September 25, 2009 02:11 pm at 2:11 pm |
  3. mason

    Partisan politics are making a sham of this country.

    September 25, 2009 02:13 pm at 2:13 pm |
  4. Nomoreteabaggers

    Good. The GOP are obstructionist time-wasters.

    September 25, 2009 02:13 pm at 2:13 pm |
  5. Lil Jimmy

    As a resident of Mass I am upset at this underhanded act. Sen Kennedy was unable to preform his job for the last year for obvious reasons. All of a sudden it's an emergency? Gov Patrick overstepped his power and will pay for it election day when he is not elected for a 2nd term.

    September 25, 2009 02:14 pm at 2:14 pm |
  6. John

    A democrat changing the law to fit their needs?? Shocking! /scarasm

    September 25, 2009 02:14 pm at 2:14 pm |
  7. FRANK, Las Vegas

    Typical GOP, delay, postpone, hit the reset button, tc, etc, etc. We've heard this story time and time again from the GOP, remember what happened in the state of MN, the GOP delayed them from having 2 senators for 8 months and lost. At least it didn't take 8 months this time. The GOP just can't stand the fact that the American people have caught onto their Lies and tactics. The American people have won and the United Staes of America has won!

    September 25, 2009 02:18 pm at 2:18 pm |
  8. Sean

    Delay..... yes, another plan to delay the healthcare reform. Nice plan. GOP simply knows very well how to cover up their own comments, and know what words to use...

    September 25, 2009 02:18 pm at 2:18 pm |
  9. RR

    How is this an "emergency"?

    September 25, 2009 02:18 pm at 2:18 pm |
  10. Whoa!!

    Does that old crook know that Frankenstein is looking over his shoulder?

    September 25, 2009 02:18 pm at 2:18 pm |
  11. Reagan was wrong

    Hey what did you expect, liberals control Massachusetts. If something like this happens in South Carolina, Mississippi, or any of the other backwards southern state, then GOPers can do the exact same thing. I don't know what the big deal is.

    September 25, 2009 02:20 pm at 2:20 pm |
  12. Four and The Door

    ...and the Democrats being 1 vote short of 60 in the Senate is a valid emergency? Gov. Patrick is the kind of politician that makes people cynical about our government. Do you think he feels good about his career?

    September 25, 2009 02:25 pm at 2:25 pm |
  13. yougottabekidding

    ...And the party of "NO" continues on their quest to say "NO" to everything! Bunch of losers!

    September 25, 2009 02:26 pm at 2:26 pm |
  14. yougottabekidding

    When will the GOP gets it that saying "NO" to everything makes them appears to be a bunch of jokers!

    September 25, 2009 02:27 pm at 2:27 pm |
  15. Justice

    I'm glad that the judge could see this as what it was. An attempt for Republicans hold the Congress hostage in efforts to halt healthcare reform. This is definately one for the people.

    September 25, 2009 02:28 pm at 2:28 pm |
  16. Chuck Anaheim, Ca

    Stop with the delays republicants, if you dont want to move on with the country then move out!

    September 25, 2009 02:28 pm at 2:28 pm |
  17. Carnell From Detroit, MI USA

    That's Great For Interim Senator Kirk, And For Those Who Don't Like The Ruling...Be Jealous!

    September 25, 2009 02:34 pm at 2:34 pm |
  18. Bob in Pa

    Again.
    If you're a Democrat, it's different.

    September 25, 2009 02:36 pm at 2:36 pm |
  19. kate (KS)

    What more can the Republicans try to do to hold things up? That was their only motive. The Republicans need to get on board to help our country, not destroy it.

    September 25, 2009 02:38 pm at 2:38 pm |
  20. cool out

    Here is the equation : Republican= The GOP=The Party of No! = The Party of Delay= Tardy for the Party

    September 25, 2009 02:38 pm at 2:38 pm |
  21. Steve

    Unbelieveable. These democrat legislators have no shame. Funny how the main stream media barely even mentions the complete 180 from 2004 when at the time, Romney was just trying to follow the law. Any law maker this corrupt shouldn't be allowed to catch dogs let alone impact our lives.

    September 25, 2009 02:38 pm at 2:38 pm |
  22. Steve M

    Normal rules of politics don't apply when you are a Kennedy or hand picked Kennedy successor. In Mass. what a Kennedy wants a Kennedy gets regardless. Back in 2004 when Sen Kerry was running for president and Romney, a Republican, was governor, the Democratic controlled legislature acted to prevent Romney from appointing a Republican to fill the seat. You can bet that if there were a GOP governor now that the Democrats would do the same thing.

    September 25, 2009 02:39 pm at 2:39 pm |
  23. S M R

    The longer the GOP delay, the longer that the Insurance co. can reap GREAT PROFIT.

    September 25, 2009 02:40 pm at 2:40 pm |
  24. Concerned in North Carolina

    If the HORRIBLE people that make up what's left of the republican (they don't deserve a capital R) party would put their energy into doing what's right for their constituants rather than wasting time with these obsessive games, something good might get done for the citizens of this country. What a shambles this party has become. They have become a NATIONAL embarrassment ....so interesting that the "values" party has such an abysmal record of completely un-Christian behaviour. They should all be utterly ashamed of themselves.

    September 25, 2009 02:40 pm at 2:40 pm |
  25. John

    Now who's playing politics?

    September 25, 2009 02:43 pm at 2:43 pm |
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