Marathon Pundit: Lawsuit might put Burris out of office in November

Among other things, disgraced former Illinois Governor Rod Blagojevich is on trial for attempting to sell Barack Obama's former Senate seat. After his December, 2008 arrest, Blago chose worn-out hack Roland Burris to fill that position for the remainder of Dear Leader's term.

Or maybe not.

Two men have filed suit, charging that a special election is required after a gubernatorial appointment to the Senate. An attorney for the plaintiffs, Martin Oberman, told the State Journal-Register, "We think that the 17th Amendment (to the U.S. Constitution) was not intended to allow appointed replacements to serve for two years."

Last week the The U.S. 7th Circuit Court of Appeals issued an opinion that the Constitution stipulates that an election is needed to fill a Senate vacancy.

Oberman's case has been sent back to district court to sort out some details.

If...and that's a big if...the plaintiffs win, there might be two elections for US Senate in Illinois in November. One for the remaining two months of Obama's old term, and one more for the next six years. Which could mean, since Republican Mark Kirk leads most opinion polls, the upcoming lame duck session might include one less Democrat.

A few hours after the Blagojevich arrest, Sen. Dick Durbin, the second-ranked member of the upper chamber, called for a special election to fill the Obama seat. After someone, probably Majority Leader Harry Reid, told Durbin that a Republican could win that office, Durbin clammed up.

Related post:

Roland Burris' incoherent Senate ramblings

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