Mass. GOP seeks injunction, hearing at 8 a.m. Friday

[No Elephants]

Source: The Hill

A Massachusetts GOP source says the state party filed for an injunction shortly before 11 a.m. to stop Sen.-designate Paul Kirk's (D) immediate appointment. More details as they become available.


And Secretary of state spokesman Brian McNiff said the secretary has signed off on the emergency declaration allowing Gov. Deval Patrick (D) to make the appointment now, rather than in 90 days. He emphasized that Secretary William Galvin "had no choice" in the matter.

<snip>


"To summarize, the injunction states that the Governor does not have the Constitutional authority in this situation to require that the law be immediately effective."

UPDATE 2: The state GOP reports a hearing on the injunction will be held at 8 a.m. Friday., which is before Kirk is scheduled to be sworn in at 3:15 p.m.






Read more: http://thehill.com/blogs/blog-briefing-room/news/60177-mass-gop-files-injunction-to-stop-appointment

---

See also

http://tpmdc.talkingpointsmemo.com/

and


http://tpmdc.talkingpointsmemo.com/2009/09/massachusetts-gop-legislator-constitutional-problems-remain-for-senate-appointment-bill.php



Nothing political about this lawsuit. Nothing at all.

[Ian David]

1. You know who's behind this, don't you?

KHAN!!!!!!!!!!!!!!!!!

[No Elephants]

2. Sure. Same one who is behind all things Con. Satan.

[bemildred]

3. How bipartisan of them. nt

[Auggie]

4. Any and everything to disrupt, delay and destroy progress

[RandySF]

5. Who said the governor ordered it?

If the legislative language states that is is effective immediately, then it's effective immediately unless that violates the Commonwealth's Constitution.

[Arkana]

6. Sorry, GOOPers, but you have no say and no power here.

[SpiralHawk]

9. GOOPers don't do democracy

Why do Republicon Homelanders HATE America?

[RedCloud]

7. No more Minnesota foot draggings!

[Ikonoklast]

8. "Denied. What's next, bailiff?"

Fuck the GOP.

I thought they hated frivolous litigation?

[Arkana]

10. IOKIYAR.

[graywarrior]

11. Mass. GOP seeks to block Kennedy interim successor

Source: Boston Globe

BOSTON (AP) -- The Massachusetts Republican Party is seeking to block the interim appointment of Paul Kirk to the Senate seat that was held by the late Sen. Edward Kennedy.

The GOP has filed an injunction in Suffolk Superior Court that will be heard Friday morning.

Lawmakers this week passed legislation giving Democratic Gov. Deval Patrick the power to appoint an interim replacement, but laws approved in Massachusetts usually take 90 days to go into effect. Patrick signed an emergency letter that he says allows the law to become effective immediately.

Republicans allege in their court filing that Patrick did not have the constitutional authority to do that.

Kirk, the former head of the Democratic National Committee, is scheduled to be sworn Friday.

Read more: http://www.boston.com/news/local/massachusetts/articles/2009/09/25/mass_gop_seeks_to_block_kennedy_interim_successor/

[napi21]

12. I think they'll fail! Typical Pubs. Throw everything you have

against the wall and see what sticks!

[Altoid_Cyclist]

29. The gop has officially started to behave like caged chimps.

Frustration is causing them to throw feces at everything to see if any of it sticks.

By the way, I don't mean this as an insult to chimps.
They're much more human than the gop scum.

[bluestateguy]

13. I was unaware that Massachusetts had a GOP

nt

[havocmom]

22. ahem: Mitt came to office there a while back somehow

;)

[Walk away]

14. The GOP are hurting our troops by paying too much attention to...

Massachusetts!

[customerserviceguy]

15. This was to be expected

It was a change to a law designed to render Mitt Romney unable to appoint a GOP'er to John Kerry's seat should he have acceded to the Presidency.

This is just payback, that's all.

[imdjh]

16. I've never understood how Romney could get elected governor.

How? A mormon and a Republican? In Massachusetts?

[customerserviceguy]

18. There have been quite a few Republican governors of MA

Six of the last nine have been GOP. They have to distance themselves from the national GOP in order to do it, which makes for a problem if they want to use MA as a steppingstone to higher office, as in the case of Mitt Romney. The fundie base of the Rethuglicans distrusts his Mormonism, but they have his statements while running for governor of MA to use as a non-bigoted sounding reason for it.

As for the Mormon part, I'm sure the Catholic people of MA have a long memory of what it's like to have your religion held against you on Election Day.

[imdjh]

25. I can't imagine Catholics "empathizing" with the LDS.

I think it was because he was handsome. As for the Republicans, they would vote for Charles Manson if there was an R next to his name.

[robo50]

21. I never understood it either. But he ran against a woman Democratic candidate

and, back in that day, another Republican, a woman, Jane Swift, had proved herself totally incapable of doing a good job.

So maybe there was some sexism there, or maybe people actually thought Romney had a brain.

Massachusetts has had several Republican Governors.

[TheCowsCameHome]

24. I think it was a checks-and-balances sort of mindset

Which was worthless because Romney spent most of his time out of state anyway.

[BolivarianHero]

20. The Democrats were right to change that law though...

It was a defensive mechanism to prevent Mormon Mitt from subverting the democratic (pun intended) will of the MA electorate. I would feel the same way if the Wyoming GOP were to pull something like that on Freudenthal (sp).

[customerserviceguy]

26. There would have been a special election, anyway

and if MA voters did not like the choice that Mitt made, they could have repudiated it.

I guess we'll see how the voters of that state feel about this manipulation, if they perceive it as such.

[TheCowsCameHome]

17. That's because the Mass GOP has nothing else to do with their time.

They are utter failures and they know it.

They do it for the entertainment of their slowly dwindling base.

[Odin2005]

19. The Party of NO!

[robo50]

23. I wonder how much of this opposition to the interim appointment is

really coming out of the national Republican party, trying to stall and defeat any attempts to pass health care reform.

I wouldn't be surprised to see Dick Armey's resources involved here, and the RNC, too.

What a sham the Republican Party is, trying to stop a state from being represented fairly in the Senate.

[TheCowsCameHome]

27. They'd see it as a major win, given the GOP is all but totally dead here.

[Paper Roses]

28. Naturally, politics as usual. Always take the other tack and to heck

with with anything that might be for the common good.

[mvd]

30. Update: GOP denied!

http://www.boston.com/news/local/breaking_news/2009/09/judge_to_rule_b.html?comments=all#addComm

:woohoo:

[graywarrior]

31. Ha ha