By Tom Johnson

Aug 27, 2009 1:02pm

Scrambling to Fill Kennedy’s Seat Before an Election — Fair?

Ted Kennedy felt universal health care was the mission of his life.  It is not a wish that would come true in his lifetime.  And now his death may make that wish even more remote. 

With Kennedy in the Senate, Democrats held 60 seats — enough to push through health care reform without a single Republican vote.  But with Kennedy's passing the Democrats are dropped to 59 seats. 

It has led to a push by the party to change the laws of Massachusetts, to allow the Governor to appoint an immediate replacement so the state doesn't miss a beat.  Under that plan the Democratic governor would name a Democrat to fill Kennedy's seat temporarily (until a special election could be called and the question of the replacement is put in front of the voters).  This idea has some mad.  To pull off this change, the law of the state would have to be changed.  And it's a law that was passed 2004 to prevent then Republican governor Mitt Romney from having the ability to name a temporary replacement if John Kerry was elected president.

User Comments

Fair? This isn’t a school yard game of tag. The state of Massachusetts has the right to fill its Senate seat, and it has a proper, majority-elected legislature to deal with minor law changes.
And this is minor – it is only filling the seat until the special election, which would occur just like under the current law. A special election is the right way to name a replacement, but if the people of Massachusetts (or Texas, or Utah, etc) want to fill the seat for the months it takes to run the election, their choice.
Both parties set laws to suit what their members want when their members have an overwhelming majority in the state. That’s kinda the idea behind majority rule (with prudent protections for the minority).

Posted by: jhw539 | August 27, 2009, 1:28 pm 1:28 pm

Totally the wrong thing to do. The voters should vote in a special election. Government by the people…..not the wealthy and powerful.

Posted by: Rick McDaniel | August 27, 2009, 1:45 pm 1:45 pm

jhw, you left out the part about Mitt Romney. Why?
It doesn’t ‘suit’ you?

Posted by: ddg | August 27, 2009, 1:47 pm 1:47 pm

Fair? NO
Expected? Yes

Posted by: daryl | August 27, 2009, 1:48 pm 1:48 pm

Fair? Who cares!
What matters is that the Senate comes up with a Health Care Reform Bill that is worth a damn.
That will require input and compromise from both sides so 59. 60, 61 Demos is meaningless unless one party plans on passing something without any votes from the other. Reform of that type is doomed to fail.

Posted by: Noz | August 27, 2009, 1:50 pm 1:50 pm

“Totally the wrong thing to do. The voters should vote in a special election.”
Rick McDaniel | Aug 27, 2009 1:45:07 PM
The proposed law change WOULD STILL FILL THE SEAT WITH A SPECIAL ELECTION. Only change is putting a place holder in there until the election takes place in about 140-165 days (the specific time frame is already defined for the election and won’t change).
Nothing like the Right’s poor reading comprehension.

Posted by: jhw539 | August 27, 2009, 1:53 pm 1:53 pm

There is a law on the books already which is in date previous to death of Kennedy.
They can change law once again for political reasons but what they can’t do is override their current law with new law just to predate the Senators’ death.
You can’t change the rules once the games is already over just so you can get your way

Posted by: Dave | August 27, 2009, 1:57 pm 1:57 pm

“jhw, you left out the part about Mitt Romney. Why?”
ddg | Aug 27, 2009 1:47:29 PM
Could you cite how that has anything at all to do with my point that politics is not about fairness, it is about legal majority rule? A one-term governor who left office with a 54% unfavorable rating has nothing to do with what the majority of MA voters wish done regarding the filling of their national level representation.
Massachusetts can do as they wish, and they are not proposing any extraordinary measures. Although to be honest, I almost hope they leave it open just to force Republicans to take full responsibility for blocking health care through yet another filibuster.

Posted by: jhw539 | August 27, 2009, 1:58 pm 1:58 pm

“You can’t change the rules once the games is already over just so you can get your way”
Dave | Aug 27, 2009 1:57:03 PM
Government by your house rules for Monopoly games?

Posted by: jhw539 | August 27, 2009, 2:01 pm 2:01 pm

Massachusetts passed a law that requires a special election within 145-160 days after a Senate seat becomes vacant. This was enacted when John Kerry was running for president and Mitt Romney was governor in an effort to prevent Mr. Romney from appointing a Republican senator if Senator Kerry was elected president.

Posted by: MarkW | August 27, 2009, 2:03 pm 2:03 pm

1- cahanging the rule/law after the fact is described as an ‘ex-post facto’ action and is wrong, perhaps illegal.
2- majority rule- interesting. however, majority rule is what one finds in a Democracy, which is anathema to the form of government that the USA constitution established, namely, a Republic. The majority CANNOT vote to take a right away from another person.
To be honest, until the government, in iits idiocy, decided to put forth the 17th amendmnet, the Senators for all states were chosed by their respective state legislatures, in the manner prescribed by the constitution and thus maintaining the balance of power between the interests/rights of the citizens vs. the interests/rights of the states.
Teddy chose to change it, so his ‘legacy’ should be required to obey it.

Posted by: fencer61 | August 27, 2009, 2:39 pm 2:39 pm

jhw, so you admit that fairness is a virtue that is not in the forefront of the democrats’ mentality?
Okay, what if the shoe was on the other foot? Would you still say it was ‘okay’ and —- the present law?
And, jhw, you stated that you hoped they leave it open to force the Republicans to take full responsibility for blocking the health care!
Wow! You are a democrat to the core.
If you really believe that the public option will save lives, then you are willing to put those very lives on the line just to ‘show up’ the republicans and put blame on them. What a hoot you are! Are you then no better than what you are accusing Republicans of doing?
You wrote it. I believe you.

Posted by: ddg | August 27, 2009, 2:39 pm 2:39 pm

The Democrats set up the Massachusetts law, and now it no longer suites them. They have legislated themselves into this present day situation. Too bad; live with it!

Posted by: Don H | August 27, 2009, 2:44 pm 2:44 pm

also,jwh, look at my Charity Hospital comment on the other post.
Charity was something else – another fine example of a government run hospital!
Is that what you want? Also, what about YOUR statement about the ‘long lines in Canada’?

Posted by: ddg | August 27, 2009, 2:46 pm 2:46 pm

No comment!

Posted by: Yasmine Funghoulo | August 27, 2009, 2:55 pm 2:55 pm

Putting aside what seems some ridiculously petty infighting between people who spend too much time posting on newspaper sites, one should consider that the people of Massachusetts, and particularly the majority of those who voted in the most recent election in which Mr. Kennedy ran and won, now have only one senator to represent their state. If you want to see how your state suffers in myriad small ways while you have only one seated senator, look at Minnesota which went for seven months without only one. Under the US constitution the legislature in Massachusetts can decide how to replace a senator, including an interim appointment. There are lots of ex-post-facto laws made in every state. This is a case where one might be more useful than partisan posturing.

Posted by: Gardoglee | August 27, 2009, 3:01 pm 3:01 pm

ddg:”And, jhw, you stated that you hoped they leave it open to force the Republicans to take full responsibility for blocking the health care!”
What I actually said:
“Although to be honest, I almost hope they leave it open”
I have no interest in debating with someone who lies about (or is puzzling unable to understand) my real statements.

Posted by: jhw539 | August 27, 2009, 3:18 pm 3:18 pm

What other option do people have then to voice their opinion on sites like this?
This public option is wrong.
Take a look, Gardoglee, at how Charity Hospital was run in New Orleans. The lines were unbelievable. The politics that went on there was unbelievable – talk about petty -
and so who suffered? the poor people of New Orleans – that’s who.
So, Gardoglee, you can look down your nose at sites like this, but what would you suggest? Go out rioting?
Massachussets made its bed in 2004 in order to hurt the Republicans.
They changed the law, and now they want to change it again to push this public option through.
They want everybody to have the experience of a Charity Hospital.
THAT is why, Gargoyle, I am so passionate about this issue. Massachusetts’ politics will affect ME personally, and I’m not willing to sit back and let that happen without somebody hearing me somewhere – someplace – somehow!
I made be a ‘nobody’ to you and Massachusetts, Gar, but darn it the hell, I will voice my opinion when it affects ME and my love ones.
- Just like you are voicing your opinion, so am I!-
I don’t give a rat’s a– what Massachusetts thinks. I do, however, give a rat’s a– when it can affect ME!!!

Posted by: ddg | August 27, 2009, 3:21 pm 3:21 pm

OKAY – you ALMOST hope they leave it open-
same thing, jhw!
Go on, try to wiggle out of it.
You said it – I believe you that you
‘ALMOST’ hope!
You can’t stand it when someone catches you in a statement that YOU made.
What was your intent when you said that statement that you ALMOST hope?

Posted by: ddg | August 27, 2009, 3:29 pm 3:29 pm

Sen. Kennedy even wanted to get a mechanism in place to secure his constituents would be represented after his demise and until another was elected. I know republicans are going to scream and cry like the radicals they truly are but getting healthcare for Americans is more important that anything republicans have done even them destroying our economy during the last term. The majority rules in this scenario and it is not retroactive use of the law. The seat will be open tomorrow and therefore it is creating law that fills a vacancy that still will exist day after day until a special election. Most governments have the ability to do exactly this so the people are never without representation which is an emergency condition. I’m sure the Governor knows who Senator Kennedy wanted in the interim position, which would be the honorable thing to do. Of course when one includes honorable and republican within the same sentence the subject becomes an oxymoron…

Posted by: Ed C in OK | August 27, 2009, 4:49 pm 4:49 pm

OK guys take it outside … Each State is entitled to 2 Senators. Now Massachusetts has only 1. The sensible and fair thing to do is for the Governor to appoint a temporary Democratic replacement until the special election is determined. Simple. What happened in MN should NOT be repeated in Massachusetts because of partisan politics. Federal standard supersede states. Period.

Posted by: sprowlindak | August 27, 2009, 5:10 pm 5:10 pm

Shame on you ABC, you are already “picking” the next Kennedy who might feel the shoes of Sen. Kennedy and by doing so you only mentioned 3 of the Kennedy heirs, all with Kennedy as their surname. Again, are you not a “Kennedy” if your last name is “Lawford”?
Yes, their are many more who give back and stand behind their convictions.

Posted by: sandy | August 27, 2009, 7:00 pm 7:00 pm

In New Orleans We had ‘Big’ Charity Hospital. Katrina damaged Charity, but new plans are in the works.
Charity was for the uninsured. They pulled you through, but the lines were VERY long; no tender loving care given; it was pretty sparse in appearance and after-care.
Try to find a Nursing Assistant to help you with your bath or toilet. Good luck!
VA hospital in Mississippi cut my uncle’s legs off before he died. That’s what killed him, I believe. They don’t treat – they cut!
When I was a kid, my mom couldn’t afford to take me to the doctor’s for shots, etc. We went to the free clinic.
We were there for a good part of the day. I remember being hot, tired, and wanted to just go home. I suppose my mom was really tired.
Anyway, my point is this: government-run hospitals and clinics do the job. Thank God for them. However, unles you have experienced it YOURSELF, how can you say that you want our government to be in charge of your care? The hospitals and clinics will have to follow government’s rules because they will be tied to their apron strings.
So if Public Option does go through, and you find yourself waiting in lines that you could not have imagined, and waiting for a Nursing Assistant to help you to the toilet when you are hospitalized, think of this little history lesson of what it means to be a patient of a government-run institution.
You won’t feel so clever when you have had an operation and you just need help getting on or off the commode; you call for help, but nobody answers.
Welcome to YOUR ‘Big’ Charity where ever you live.
Welcome to your future.
Also, don’t talk ‘honorable’ to me, Ed. Congressman Jefferson and some of his family are going to do prison time because they stole money/bribery, etc.
I don’t even know what else. You must have read about Jefferson of New Orleans?
His family even stole from the schoolboard! Do you know how poor New Orleans is?
Yes, they are democrats. Would you call the Jefferson’s honorable, too?
Maybe you would, Ed.

Posted by: ddg | August 28, 2009, 2:35 am 2:35 am

Universal goodly health is better than all religions put together; taking into consideration the definition of Health from the World Health Organisation. May he rest in piece in the Universal Catholic realms.

Posted by: CHARLES EMANUWA (POET LAUREATE) | August 28, 2009, 7:49 am 7:49 am

I meant may he rest in one piece in peacefulness. Amen.

Posted by: CHARLES EMANUWA (POET LAUREATE) | August 28, 2009, 7:53 am 7:53 am

Bad behavior.

Posted by: Rick McDaniel | August 28, 2009, 11:22 am 11:22 am

“Absolute Power corrupts absoutley”
The Democrats will have their way on healthcare, but of course they want the “Cover” of a “biPartian” bill.
It is very important that they have some one else to blame when the single payer plan they envision goes down the toilet.
No, I would prefer to see them change the law to suit their purpose, and simply do it themselves. They can explain to their constituents why They single handedly turned America into the third world hell hole they so despratley and feverently wish for America.
I think Amnesty is another thing they will have to do all by themselves, as citizens will be VERY unhappy when they shove that down our throats as well.
Democrats just can`t get enough of that “GREAT SOCIETY” crap, and they SHOULD own the problems they create. No scape goats, NO EXCUSES, NO MORE BLAME GAMES!
“Absolute Power” doe indeed corrupt absoutley.

Posted by: Daryl Wilson | August 28, 2009, 11:56 am 11:56 am

Are they crazy we will have to see if something happens to the next Senator what the law will be then lets write in in erasable ink so we can suit the Dems.

Posted by: S. Alt | August 28, 2009, 2:39 pm 2:39 pm

Ted Kennedy was scarred because of the mistakes of his youth. Those mistakes over shadowed the good things he might of been able to do. How can a man understand the weight of national health care plan when he has millions in the bank? I have nothing, but do not want a free ride that is too costly.

Posted by: matt Wood | August 28, 2009, 2:52 pm 2:52 pm

The party namecalling does not solve the problems. Both sides slant the facts to their ends. The American Public is much more educated than they have been in the past. When was the last time that more Americans had read a bill than our congress!

Posted by: Tom Jones | August 28, 2009, 6:50 pm 6:50 pm

I guess Ed C in OK believes that the ends justifies the means. As do most of the people who are in favor of a “Democratic” version of healthcare. I wonder how Ed C would feel if the shoe were on the other foot. If the Republicans could change a law in a state that would make it impossible for a Democrate to get eleceted. I wish that eveybody would take a step back and take a deep breath. Quit making the “facts” suit your point of view.

Posted by: RR in Calif. | August 29, 2009, 2:57 am 2:57 am

POOR HEALTH CARE IS A WEAPON OF MASS DESTRUCTION.
– Dennis John Kucinich, D-OH
POOR EDUCATION IS A WEAPON OF MASS DESTRUCTION.
–Dennis John Kucinich, D-OH
POVERTY IS A WEAPON OF MASS DESTRUCTION.
–Dennis John Kucinich, D-OH
HUNGER IS A WEAPON OF MASS DESTRUCTION.
–Dennis John Kucinich, D-OH
WAR IS A WEAPON OF MASS DESTRUCTION.
–Dennis John Kucinich, D-OH
DO WE ‘REALLY’ CARE ON WHIT WHAT THE REPUBLICANS THINK OR WANT???
NOT SO MUCH! (in the words of Rachel Maddow)

Posted by: L. Moyer | August 30, 2009, 6:27 pm 6:27 pm

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