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September 22, 2009

Hang On: Mass Bill to Replace Notorious Drunk May Not Go Into Effect for 90 Days

Without a 2/3rds majority -- which the bill doesn't have -- the bill wouldn't go into effect for 90 days.

Except the Governor can claim it's an "emergency" which would put it into effect immediately.

Except, you know, this is not an "emergency" and even the archliberal SJC might balk if this were challenged in court.

A governor just can't declare routine business is an "emergency." If this was an "emergency," Ted Kennedy could have resigned while he was missing 95% of Senate votes.

And it's going to be hard to claim this is an "emergency" given the law previously said a governor could appoint a successor but they changed the law to keep a vacant senate seat open until a special election 150 days or so after the vacancy.

This "emergency," then, was deliberately created by Massachusetts legislators. As in: This was the whole point of the change.

They chose to change the law (to prevent Romney from choosing Kerry's successor, had he won in 2004) and permit a vacancy for 150 days or so. How can they now claim it's an "emergency" if the seat is unfilled for ninety days?

Thanks to Craig for that.


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posted by Ace at 07:37 PM

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