September 25th, 2009
01:55 PM ET
10 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. Kevin in Ohio

    The entire state is corrupt. If this was an "emergency" worthy of a quick appointment, why did the democrats take that potential right away from Romney in 2004????? It just doesn't make any sense whatsoever! I guess I just don't understand the rules of the game that liberals are playing. Heads they win, tails we lose.

    September 25, 2009 01:30 pm at 1:30 pm |
  2. Ken

    Well, I drink a beer after work most nights since the 2008 elections in celebration of Obama's win, and in celebration of the beat-down that was given to the forces of rightwing ignorance. I celebrate every day, thankful that the witless reactionary drama queens we see on the news every nite are no longer in power. Tonite I will have two beers, and like the MA judge, I will dismiss out of hand any concern for the rightwing underbelly of this nation having its collective panties in a bunch. May your political wounds fester in the unhealthy environment of your purposeful [R] ignorance.

    September 25, 2009 01:34 pm at 1:34 pm |
  3. Nothing 'Stand Up' about Sen John Ensign (R-NV)

    Do Republicans have ANY good ideas anymore?

    Another delay and block dance?

    September 25, 2009 01:38 pm at 1:38 pm |
  4. shmeckel

    Well, the law as it sits now is the way it should be; Dems should not have been allowed to change it in the first place for Kerry.

    I also believe that Dems abused their power when they declared an emergency based on political agenda. Political agenda should never be considered an emergency.

    September 25, 2009 01:39 pm at 1:39 pm |
  5. Cynthia

    I for one am so glad that the Judge denied this for those evil greedy republicians. They will try every trick in the book to interfere with this appointment, well to bad, to sad, Kirk stays. Health reform here we come, LOLLLLLLLLL

    September 25, 2009 01:42 pm at 1:42 pm |
  6. Idiot_Pelosi

    Of course the judge didn't delay.

    This scam was paid for months ago.

    I can't wait for when the shoe is on the other foot.

    September 25, 2009 01:42 pm at 1:42 pm |
  7. Perusing-through

    WHAT IS IT WITH THE GOP? It appears the only thing on their agenda is to:
    (1.) Say NO to everything,
    (2.) Block the progress of reform,
    (3.) Stop bipartisanship,
    (4.) Slow down the people's agenda,
    (5.) Delay change,
    (6.) Lie about reform,
    (7.) Threaten violence at town hall meetings,
    (8.) Distort and twist the facts & truth,
    (9.) Scare old people,
    (10.) and get upset when some one with backbone call them out on the above tactics.

    September 25, 2009 01:44 pm at 1:44 pm |
  8. worriedmom

    Why does this matter anymore! Obama and his gang are gonna push down our throats their own agenda. I have realized that Obama does not really listen to what the majority of the people want, only the people he surrounds himself with. Sad, sad, sad
    I hope those of you that put him on his pedestal are happy! You are to blame for this tearing apart of our country. Just remember though that he is not the Ultimate Leader and I hope and pray for all lost souls!

    September 25, 2009 01:45 pm at 1:45 pm |
  9. Reformed Republican

    Ain't it just like the rethugs – delay, distort and lie about everything, even a care taker position in the Senate.
    In the mean time while the subversive rethugs try to derail health care reform with a public option by lying, obstructing and down right cheating, 45,000 Americans a year die because they cannot afford to get health care.
    Rethuglicons hate middle class Americans and their actions on health care reform are proof positive. Any one that voted for the rethuglicons that are vowing to kill health care reform are traitors to their fellow citizens.
    The newest rethulicon motto: America First My Butt – Party and Big Business First, Last and Always!

    September 25, 2009 01:46 pm at 1:46 pm |
  10. Fair is Fair

    The governor, the legislature, and the court – the unholy trinity of one-party politics in Massachusetts.

    I've got to get out of this rat-hole state. Any lefties want to buy a house on the cheap?

    September 25, 2009 01:48 pm at 1:48 pm |
  11. Nea

    Thats not surprising they try to stop everything else that will cause sucess for the new administration, except war they are quick to go to war no matter what the cause!

    September 25, 2009 01:50 pm at 1:50 pm |
  12. A.B.

    Well, it seems that the Democrats will have their 60-vote majority in the U.S. Senate!! Assuming that President Obama and Nancy Pelosi build a consensus among all the Democrats, H.R. 3200 will pass the house and senate and be signed into law by the President this year!!

    September 25, 2009 01:51 pm at 1:51 pm |
  13. Jethro

    democratic polotics as normal. don't like the rules we'll change to suit our needs.

    September 25, 2009 01:51 pm at 1:51 pm |
  14. Peace

    Am sick and tired of Republicans behaviour. Does this means if one passes away everything should stand-still? Go and hide your faces full of shame. It has become too much now in eyes of people!

    September 25, 2009 01:52 pm at 1:52 pm |
  15. ThinkAgain

    GOP = Grand Obstructionist Party

    I wasn't the first to say it, but when the shoe fits ...

    September 25, 2009 02:01 pm at 2:01 pm |
  16. Ed, Santa Fe, NM

    How much stupider can the GOP get?

    September 25, 2009 02:02 pm at 2:02 pm |
  17. Jack in Florida

    Such whiners those republicans are....and sore losers.....

    September 25, 2009 02:02 pm at 2:02 pm |
  18. sensible Cape Coral FL

    Why was it OKAY for Florida to appoint an interim replacement for Mel Martinez (who retired before his term was up) but wrong for Mass. to do the same thing to replace a man who died?

    September 25, 2009 02:03 pm at 2:03 pm |
  19. T'SAH from Virginia

    Republi-can'ts – YOU LIE!!!

    September 25, 2009 02:04 pm at 2:04 pm |
  20. Kentucky

    I am not surprised. the GOP are jst behaving like obstructionist. An td in MA, they should be just the opposite

    September 25, 2009 02:05 pm at 2:05 pm |
  21. Michael

    Is anyone else sick of the same old gop schemes? They need to come up with something new or just realize they were kicked out of power.

    September 25, 2009 02:05 pm at 2:05 pm |
  22. rob from new jersey

    It never ceases to amaze me that the republicians have no spine, when it comes to elections. We've had Gore vs Bush the outcome the was biggest Heist the GOP has pulled off. Then we get Al franken Vs Norm Coleman another GOP debackle. Sarah Palin goes on record saying that Ted Stevens should get a special election because he lost? Let me give some free advice to the GOP. We win elections in this country when you get more votes than your rival.... OK sheezzzz

    September 25, 2009 02:07 pm at 2:07 pm |
  23. Mike, Syracuse, NY

    Having 59 instead of 60 Democrats is the Senate is in no way an 'emergency'. This is pure hypocrisy by Demcrats who change the laws at will to satisfy their political ambitions. Is thia change?

    September 25, 2009 02:08 pm at 2:08 pm |
  24. Brain Dead in Ohio

    And the GOP complains, whines, complains some more. That's what they do now. Well, that and declare chicken-little doom scenarios often mistaking communism and socialism, history, facts, and anything that can arise from a paranoid mind frame sure that they've lost "their country."

    And they also like to add out-of-context quotes from earlier in the century as if it applies today.

    Well, here's one for you:

    "I had hoped that liberal and enlightened thought would have reconciled the Christians so that their religious fights would not endanger the peace of society."

    -George Washington

    September 25, 2009 02:08 pm at 2:08 pm |
  25. Young independent

    Nice move dems, the gop is always going to cry fowl till their blue in the face. Now Mass at least gets 2 voices from their state. And if the GOP complain, then they don't really understand that if kennedy didn't die then it would still be a democrat's seat. So it's not like the repubs are losing anything their just being whiners!!!

    September 25, 2009 02:09 pm at 2:09 pm |
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