Andrew Leipold says legal and political complications have left the Senate with little choice but to accept Roland Burris as Illinois’ junior senator once questions surrounding paperwork required for his appointment are resolved.
“It would be an extraordinary step to deny a senator who has been appointed according to the rules,” said Leipold, a law professor who specializes in constitutional law. “Assuming everything is done correctly, it would be a surprise if the Senate doesn’t ultimately seat Mr. Burris.”
He says the only holdup is whether Illinois Secretary of State Jesse White’s signature is needed for Burris to take the seat. That could be decided by a challenge pending before the Illinois Supreme Court, he said, or White could change course and sign off on the appointment now that Senate Democrats have warmed to the idea of seating the former Illinois attorney general and comptroller.
Leipold says the Illinois Legislature left Senate Democrats with few options to block the appointment when it failed to strip Blagojevich’s power to fill a seat that federal prosecutors allege he once tried to sell to the highest bidder.
“The governor is still the governor, and he still has the power to make the appointment,” he said. “The Legislature didn’t take that away.”
With Blagojevich’s authority intact, Senate Democrats were left with a protracted legal battle as the only alternative to block the appointment, Leipold said.
“They have work to do on important issues like the economy, and a lengthy legal fight probably isn’t the best use of their time,” he said.
Leipold says Senate Democrats likely tried to avoid controversy over Obama’s seat by adamantly maintaining no Blagojevich appointee would be seated, hoping that would convince the governor to forgo an appointment. But when Blagojevich made the appointment, Leipold said, it left them in a difficult position.
“Turning on a dime may have been a little embarrassing, so they turned on a quarter and waited a couple of days to publicly say they may be willing to welcome him to the Senate,” he said.
