The comedy really never stops with this. Today, the Illinois Supreme Court held that Jesse White, the Illinois Secretary of State, could not be forced to countersign Governor Blagojevich’s appointment of Roland Burris to the US Senate. But it also held that no such signature was necessary for the appointment to be valid, and that the Senate’s refusal to seat Burris for that reason alone appears to have been in violation of both its own rules and of the US Constitution. Amazing.
Here are relevant excerpts from the opinion (PDF).
The form used by the Governor was apparently based on “recommended forms” contained in Rule II of the Standing Rules of the United States Senate. As their name indicates, these forms are merely recommended. State officials are not required to adopt them, but “they may use [them] if they see fit.” Standing Rule II, United States Senate, Committee on Rule & Administration….
Because gubernatorial appointments only require issuance of an actual commission [which would have to be countersigned by the Secretary of State] when the governing law so provides and because no provision of law makes issuance of a commission necessary for the validity of a gubernatorial appointee to a United States Senate vacancy, no commission was required by law to effectuate the appointment of Mr. Burris to the United States Senate. And because the Secretary of State’s “sign and seal” duty is triggered only in cases where commissions are required by law, it necessarily follows that the Secretary of State had no duty to sign and seal the certificate of appointment issued by the Governor in this case…. [T]he only purpose a signature and seal could serve in this case is an evidentiary one. It would confirm that the appointment had, in fact, been made. At this point, however, there is no question at all that the Governor did, in fact, make the appointment….
We note, however, that nothing in the published rules of the Senate, including Rule II, appears to require that Senate appointments made by state executives pursuant to the seventeenth amendment must be signed and sealed by the state’s
secretary of state. Moreover, no explanation has been given as to how any rule of the Senate, whether it be formal or merely a matter of tradition, could supercede the authority to fill vacancies conferred on the states by the federal constitution.
Thus, Burris loses the battle, but thereby most likely wins the war (which he had pretty much already won anyway). The Illinois Supreme Court has confirmed that the Secretary of State’s action (or inaction) is wholly irrelevant to the validity of the Governor’s appointment under state law, and has pointedly asked the Senate what on earth it thought it was doing by relying on the absence of the Secretary’s signature in refusing to seat Burris.
The ball is squarely in the Senate’s court. The sooner they seat Burris, the better. This has gone on for too long already.
Don’t think there is any video up yet, but downright bizarre. He’s bring out sick people and talking about how the House is after him because of his health care positions. The man is insane.
i heard (while driving, so didn’t get the whole story) that one of the grounds the illinois house was using to impeach him had soemthing to do with his alleged mishandling of a state health care issue. something about a vaccine.
Harry Reid’s
no worries.