Judge rejects GOP bid to block Senate appointment

A Suffolk Superior Court judge today rejected a request by the state Republican Party to block the appointment of Paul G. Kirk Jr. as interim US senator, clearing the way for the Democrat to take the oath of office this afternoon in Washington.

Judge Thomas Connolly ruled that the Republicans' claim was legally inadequate, noting in his four-page decision that, "the Party does not cite any case law in support of its argument." The GOP had maintained that Democratic Governor Deval Patrick overstepped his authority by declaring an emergency so Kirk's appointment could be made immediately. Connolly ruled, however, that the state Constitution clearly gave the governor the power to call for the immediate implementation of a law by sending the secretary of state a letter.

"This court finds that the Party has not shown that it has a chance to succeed on the merits and therefore, any risk of harm to the Party will not outweigh the risk of harm to the Governor and the Commonwealth," Connolly wrote after deliberating for more than four hours.

The ruling leaves Republicans with few options to stop Kirk from taking the oath of office this afternoon in Washington by Vice President Joe Biden.

"I really didn't have a great deal of concern about it," Kirk said of the Republican's legal effort to block his swearing-in.

http://www.boston.com/news/local/breaking_news/2009/09/judge_to_rule_b.html

I had to laugh at "the Party does not cite any case law in support of its argument." Was Orly Taitz their attorney??

Pitiful, pusillanimous, petty putzes, particularly in Massachusetts. Their sad attempt to keep an interim senator out of office with a lawsuit would likely make a good stick for Democrats to beat them with at the Senate special election--though Republicans always face a steep uphill climb when it comes to Massachusetts US Senate races, anyway.