After Kennedy's death, what happens to healthcare?
Sen. Ted Kennedy's absence from the Senate had already hampered the push for one of his most cherished causes, healthcare reform. Now, his death may prove to be even more of an obstacle.
It's uncomfortable to contemplate so soon after his passing, but there is a cold logic to the math now at work: Once, the Democrats had 60 senators, enough to defeat a filibuster if they all stuck together. (Kennedy hadn't been voting much due to his illness -- same with Sen. Robert Byrd, D-W.Va. -- but he had come to the Senate floor for the really big votes.)
Now, they're down to 59, and most likely will be until early next year; Massachusetts law doesn't allow the governor to appoint even a temporary replacement, and requires a special election to be held between 145 and 160 days after a seat opens up. This appears to be the exact problem Kennedy was thinking of when he sent a letter to Massachusetts Gov. Deval Patrick and other state lawmakers last month in which he asked for a change in the law to allow for a temporary appointment by the governor.
http://letters.salon.com/politics/war_room/2009/08/26/kennedy_healthcare/view/?show=all