After failing in their bid to stop the Massachusetts legislature from giving Democratic Governor Deval Patrick the power to fill a United States Senate vacancy, Republicans are going to court on Friday to try to prevent the governor’s interim pick from taking office.
On the same day that Patrick chose Paul Kirk, a long-time friend and associate of Ted Kennedy to temporarily replace the late senator, Republicans filed court papers arguing that Patrick’s use of an emergency declaration paving the way for the nomination was unconstitutional. Because most Massachusetts laws do not go into effect for 90 days, Patrick had to issue the declaration so that the just-passed legislation allowing him to name a replacement senator could take effect immediately.
A hearing on the motion for a preliminary injunction against Patrick is scheduled for 8 a.m. on Friday in Suffolk County Superior Court — several hours before Kirk is scheduled to be sworn in to office.
Several legal experts familiar with Massachusetts constitutional law said Republicans could face an uphill battle in seeking to delay or invalidate the governor’s appointment. [...]
Lawrence M. Friedman, a professor at New England Law in Boston who studies Massachusetts constitutional issues, predicted that the GOP challenge was unlikely to succeed.
“The court will treat it seriously and I expect given the gravity of the issue, it might even work its way to the Supreme Judicial Court,” Friedman said in an interview. “But in my opinion it’s unlikely that the judiciary is going to second guess the governor’s reasons for an emergency.”
Friedman added: “In a way it’s a political question and if the governor made a bad call, the voters will take it out on him in the next election.”
After reviewing the injunction, Marc Perlin, an associate dean and professor at Suffolk University Law School, agreed that there was little chance Republicans would be able to stop the appointment.
.jpg)