ArchPundit

It’s arguable about how the Supreme Court will rule on Burris’ appointment when the Senate refuses to seat him.  I think the Senate does have the power, but after reading the Powell decision and analysis of it, I’m pretty sure the Court will force his appointment on the Senate.  IOW, I think the Court will be dead wrong, but given the decision and the current court’s deference to executive power which would extend to a Governor, I’m not terribly optimistic.  I hope to be proven dead wrong.  Nothing would make me happier.  However, it’s  a gamble, and one that didn’t have to be taken:

With Illinois Secretary of State Jesse White refusing to sign papers authorizing Blagojevich’s appointment of Roland Burris, and Senate Democratic leaders refusing to seat anyone appointed by Blagojevich, House Speaker Michael Madigan’s spokesman Steve Brown maintained that the appointment is moot.

Asked why Democratic leaders didn’t foresee Blagojevich naming a senator, Brown essentially said there is no appointment. “It hasn’t happened. That’s only happened in some dark corner of the governor’s mind. It hasn’t been certified, so that makes it null. There was nothing to anticipate.”

Steve Brown is smart and a very good spokesperson. That, however, is Orwellian.

It’s fair to say Blagojevich wouldn’t have really signed a special elections bill–because Blagojevich says he would have signed something hasn’t exactly been a standard worth hanging your hat on for the last six years.  However, impeaching him fast would have done it.  Might have Emil done nothing?  Sure–and his Senators would have rebelled.  Maybe for no effect, but it would have been the best shot to avoid this fiasco.