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Brian Butler and Eric Kleefeld over at Talking Points Memo have a very good run down on just when the Senate might seat Scott Brown, assuming the Right wing Republican manages to win in the special election that is being held today. As we know from the Roland Burris and Al Franken seatings the Senate has a rule which requires the State certification of election or appointment before a new Senator can be seated.
The Republicans, knowing that Mr. Brown would be the vote they need to endlessly extend debate on the Presidents Health Care Reform legislation have been making all kinds of noise about this issue, claiming that the minute Mr. Brown is elected (if he is) that the current sitting Senator Paul Kirk not cast any more votes. This of course ignores the fact that he is a sitting U.S Senator until his replacement is sworn.
More importantly to the Republicans is when Brown would be sworn in. It usually takes between 15 to 20 days for the Secretary of State to certify an election. This would give Democrats a chance to pass the HCR bill either in the House and send it to the President or taking a much chancier route and amending it and sending it to back the Senate.
There is an example of a Senator being seated without certification, and oddly enough it was Senator Kennedy himself. The authors of the article talked to the Senate Historian, Mr. Ritchie:
Most crucially, according to Ritchie, the Senate was not in session in November, 1962, which means nobody was around to object to seating him immediately–the rules were waived and Kennedy was sworn in without certification. "Kennedy was sworn in the next day," Ritchie emails. "He won by a commanding majority, and the Senate was not in session, so there was no challenge, even though the paperwork for his certification came later."
In other words, if Republicans want to seat Brown (should he win) a la Kennedy the Senate would have to waive the rule, and swear in the 41st vote against health care. That won’t be easy. Any senator can object to a request to waive the rules, and overriding the objection takes 60 votes. In other words, the Senate’s 40 Republicans would need to find 20 Democrats willing to seat Brown without certification in order for him to take office early.
So, if the worst happens, and Scott Brown is elected, we will have the fun time listening to the Republicans whine about how they are being abused by Majority who will refuse to waive the rules (which would take 60 votes to do) and will wait for certification. Won’t that just be a joy?
The floor is yours.
12 Comments
Upon the Coakley Choke the biggest question is how Shortride will scheme to maintain his inflated sense of self importance and extend his long running stint as fulcrum of the senate see saw.
T-
Seriously.
Yeah, it will be a big surprise to him how little the Republicans will want to listen to him.
If Brown wins, he’s the odds-on candidate for the Republican Presidential nomination. His most serious competitor is Palin, and he’s shown he can out-Palin Palin.
Watch corporate Dems rush to be “respectful” and bipartisan and seat him immediately.
Eli is upstairs!
MA-SEN Election Results
It would be truly sad if the only way to see the health care “reform” legislation killed off before we are all compelled by law to write big checks to Aetna on pain of collection by the IRS is to see a Republican Senator from Big Blue Mass sitting in Kennedy’s old chair.
Unfortunately, it may be too late for the proponents of the “reform” (the officializing of unaccountable, greed-driven, dishonest, and exploitative corporations) to make change. They’re on a path now as far as this election is concerned.
Hopefully, the Democrats will learn their lesson from this election, and not try to play the same dishonest game with the public going towards the general mid-terms later. Otherwise, a whole lot of them will have to open up their Rolodexes, find their most favorite lobbyist in big business, and start asking for a less-glamorous sinecure in industry. They’ll have to be lobbyists themselves after being thrown out of office.
How quickly was Franken sworn in?
Yeah.
I’d say about that long.
Bill, I don’t agree with this:
Brown’s situation is not analogous with Al Franken’s. In Franken’s case, there was a real dispute as to who had won the close election and one of the disputants was the sitting U.S. Senator from Minnesota. Nor is the Burris case analogous. He was appointed.
In this case, we have an appointed Senator, Kirk, and a clear election victory by Brown. So, no matter what the election result (unlike in Minnesota) either Coakley or Brown would be the Senator. That’s different than Franken’s situation.
I think the rule here should be in favor of democracy and the voter’s intent: it’s apparent Brown won easily and he should be considered the Senator from Mass. as soon as that is apparent. Isn’t that really what happened in Kennedy’s case that you refer to? Appointee Senator Kirk should not be allowed on after this election; he was never selected by the people of Mass. to be their Senator.
If the House Progressives demand that health-care reform be taken to “reconciliation,” NOW, then Brown’s vote in the Senate becomes just one of the NOT 51 votes that can be gathered for it to pass. If the progressives FORCE the issue, then Obama’s hands will be tied, and the entire discussion about the Dems no longer having a super majority is rendered moot. And keep in mind that the Dems did not HAVE a super majority_ not with Joe Lieberman, Kent Conrad, and Ben Nelson sitting in the Senate. Any talk or focus on ANYthing other than taking a Public Optioned Bill to reconciliation, is a complete waste of our time. You want to MAKE a difference?_ then KEEP your eye on the BALL!
AT all TIMES_ ON the… BALL!
If Obama chooses to cave AGAIN_ and push for an AS-is Senate Bill_ then it will be up to the House progressives to tell him_ AB-so-fucking-LUTELY, NO! The so-called Independents in this Country are not angry that Obama and the Dems in Congress have PROPOSED reform_ they are angry that they have not fought like HELL to GET it_ and are now making the brain-dead, reactionary response of guessing that they might WELL switch Parties again.
DUMB is DUMB!_ but still a reality that must be dealt with.
If we DO not FORCE the issue, ourSELVES, then we become the same spineless fools that Obama and his ADVISERS have become. Condign PUNISHMENT?… YES!_ but not the kind of O’Henryesque humor we have any mortal, or immortal right to laugh, in accordance… WITH!
Short memories huh? Guess you don’t remember how “long” it took Niki Tsongas to get sworn in? 1 day wasn’t it?
(And how about Teddy himself, how long did they wait to swear him in when he got elcted in 1962?)
That was the House, not the Senate. In the Senate it would still take 60 votes to wave the rules. Do you really think there are 20 Dems who are going to vote to wave the rules?