Mass. Senate Passes Bill To Allow Interim Senator For Kennedy Seat

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GLEN JOHNSON | 09/22/09 04:07 PM | AP

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FILE - In this June 29, 2009, file photo, Massachusetts Gov. Deval Patrick speaks during a news conference at the Statehouse in Boston. The first-term governor will pick a temporary replacement, possibly as soon as Thursday, Sept. 24, 2009, for the late Sen. Edward Kennedy, after the legislature gives final approval to a bill permitting the appointment. (AP Photo/Elise Amendola, File)

BOSTON — For Massachusetts Gov. Deval Patrick, picking a temporary replacement for the late Sen. Edward M. Kennedy isn't just about finding the best person to represent the state in Washington.

It's about helping his national party as Democrats try to solidify their 60-vote, filibuster-proof majority to pass the top legislative priority of the White House, a national health care overhaul.

It's about helping his good friend, President Barack Obama, a fellow Chicagoan and Harvard Law graduate who invited Patrick and his wife back to the White House for late-night dessert on Inauguration Day.

And it's about avoiding any political trouble, a special concern for a governor heading into a re-election year with low poll ratings and a group of campaign opponents ready to pounce on any miscue.

"He has two huge constituencies he has to please," said Democratic political strategist Mary Ann Marsh. "One is Massachusetts voters, who he has to stand in front of in less than a year for re-election. The other is President Obama, who he wants to succeed, whose success is pivotal to Massachusetts – and who he wants to get help from to win re-election next year."

All that explains why the first-term governor has been regularly consulting not only with the White House about his pick, but also with a campaign team that has a myriad of Obama connections. Statehouse aides usually involved in major administrative decisions say they have been cut out of the discussion, and Patrick has personally culled the list of names and overseen their vetting.

Among the possibilities: former Gov. Michael Dukakis, the party's 1988 presidential nominee, and Paul Kirk, a Kennedy friend and chairman of the John F. Kennedy Library Foundation.

An announcement could come as soon as Thursday. The House voted last week to approve a change in state law so the governor can temporarily fill a Senate vacancy while a five-month special election campaign is held. The Senate followed suit on Tuesday. Both chambers are expected to give the bill final approval on Wednesday, and Patrick has said he wants to move quickly to fill the vacancy.

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The special election to replace Kennedy permanently is set for Jan. 19. The senator died Aug. 25 of brain cancer.

"This is an opportunity for him to use the bully pulpit of the governor's office as he begins the campaign for re-election," Warren Tolman, a former state senator and Democratic political observer, said of Patrick. "This is an important thing for the policy that will be discussed in Washington, but it's also important for him symbolically."

Patrick, 53, breezed into office in November 2006 after a campaign laden with talk of hope and change and eliminating politics as usual. Obama adopted the same thematics two years later in his winning presidential campaign, no surprise given they shared political consultants: David Axelrod and David Plouffe.

Axelrod now works for Obama in the White House; Plouffe has signed onto Patrick's re-election campaign.

Patrick has been largely out of sight the past month, recovering from hip replacement surgery. By his own admission, he has spent a good deal of that time fielding calls from the White House, Senate Majority Leader Harry Reid and others about the temporary replacement.

Obama weighed in personally as they spoke the morning of Kennedy's funeral in Boston, and Axelrod has courted legislative leaders despite administration declarations that the succession bill is a local matter. Patrick's former chief of staff and current campaign manager, Doug Rubin, is handling the logistics.

"Massachusetts needs two voices in the U.S. Senate at any time, but particularly now, with the gravity of the issues," Patrick said Aug. 31 as he announced the special election dates.

The risks of an appointment have been evident during the past year: Illinois Gov. Rod Blagojevich ended up indicted and thrown out of office over his handling of Obama's Senate replacement, while Florida Gov. Charlie Crist was accused of favoritism after tapping his former campaign manager to replace former Sen. Mel Martinez.

The temporary nature of the Massachusetts appointment insulates both Obama and Patrick from any similar fallout, according to Paul Watanabe, a political science professor at the University of Massachusetts-Boston.

"Everybody understands what the parameters are for this person: not competing in the special election, and being someone who is down there to hold the seat for five months and cast predictable votes," Watanabe said. "The task the person is going to perform is not a long one, and it's a pretty clear one."

BOSTON — For Massachusetts Gov. Deval Patrick, picking a temporary replacement for the late Sen. Edward M. Kennedy isn't just about finding the best person to represent the state in Washington. ...
BOSTON — For Massachusetts Gov. Deval Patrick, picking a temporary replacement for the late Sen. Edward M. Kennedy isn't just about finding the best person to represent the state in Washington. ...
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- kart125 I'm a Fan of kart125 5 fans permalink

In 2004 Democrats argued voters should always fill a Senate vacancy. So what changed between then and now? Oh, that's right, now that principle gets in the way of something they want. So now the "good principle" is that the State should not be without a Senator even if not chosen by the voters (and this wasn't the case in 2004?). Funny how what is a "good principle" changes to suit whatever it takes to get what you want and a formerly "good principle" is suddenly not so good when it now gets in your way.

So apparently "the voters should always choose", except when an appointment would be a Democrat that Democrats need to get what they want.

    Favorite    Flag as abusive Posted 07:30 PM on 09/23/2009
- BOin08 I'm a Fan of BOin08 7 fans permalink

Teddy would have loved the hypocrisy-that's why he supported MADD so strongly. He loved a good joke.

    Favorite    Flag as abusive Posted 06:29 PM on 09/23/2009
- larry278 I'm a Fan of larry278 47 fans permalink

My comment is addressed to the honorable, Gov Patrick, of Ma. He has to make a difficult decision quickly. Again, good luck & good speed, Governor.

    Favorite    Flag as abusive Posted 11:16 AM on 09/23/2009
- yankees I'm a Fan of yankees 18 fans permalink

Making up the rules to suit your needs and throwing out Democracy, way to go Massachusetts.

    Favorite    Flag as abusive Posted 09:36 AM on 09/23/2009
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And they did it by the democratic process. How awful.

    Favorite    Flag as abusive Posted 11:27 AM on 09/23/2009
- Doofus I'm a Fan of Doofus 25 fans permalink
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The Boston Globe mentions that a final (?) delaying
maneuver is still possible from the state house Repos.

    Favorite    Flag as abusive Posted 11:39 AM on 09/23/2009
- TN60 I'm a Fan of TN60 123 fans permalink
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I wish that Sen. Kennedy's widow would reconsider being appointed to fill his seat until the election.

In addition to her vote on true reform, she would be there to remind all "those friends" on the Republican side that Kennedy's health reform was the "cause of his life". No one has so closely worked with his aides writing his bill, and she is much loved by his staff. His staff are knowledgable about what he wanted and their input would be invaluable to cram this legislation through.

I want her on the Senate Floor to be the voice of Sen. Kennedy in his absence. She could help Harkin who gained the chairmanship left vacant by his death. She would stand up for the Senator's bill and his call for a strong public option.

Now, if we could only figure out what to do with the ailing Sen. Bryd. Senator Rockefeller needs help from a healthy Senator from WV. He is for a strong public option.

    Favorite    Flag as abusive Posted 08:04 AM on 09/23/2009
- katooom I'm a Fan of katooom 18 fans permalink
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Typical politicians. Total hypocrites. Whatever they perceive they need, they change the rules to fit. Wish I could do that.

    Favorite    Flag as abusive Posted 07:54 AM on 09/23/2009
- somsoc I'm a Fan of somsoc 60 fans permalink
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Fantastic!!! Long remember the Lion.

    Favorite    Flag as abusive Posted 01:12 AM on 09/23/2009
- fallingsky I'm a Fan of fallingsky 49 fans permalink

this will not be one of his prouder legacies ,,,,

    Favorite    Flag as abusive Posted 10:31 AM on 09/23/2009
- dawnec1957 I'm a Fan of dawnec1957 54 fans permalink
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Sen Kennedy must have been in the Mark-Up room, over at the Senate.....It was a GREAT ending to todays process........

Medicare and Medicaid was the topic and COMPLETELY closing the donut hole was brought beffore the members as an amendment (it will be voted on at 9:30AM tomorrow morning)

But the HEAT in the room coming from Grassley was PRICELESS !! LOL And the Democrats were loving the way they told the snake that THEY are not beholding to PHARMA and by reversing Medicare part D to the way it was 5 years ago, Medicare will SAVE 86 BILLION DOLLARS !! YES SAVE. And with the savings they will completely CLOSE the hole and STILL HAVE 30 BILLION left over !!

It should make some headlines soon !

    Favorite    Flag as abusive Posted 10:05 PM on 09/22/2009

I'm pleased. I live in MA, asked both my state legislators to support it, and will vote for them when they run for re-election (they supported it, as was likely they would). I think it does look a bit hinky - the mistake was back in 2004 (though GSM if Mittens had gotten to name Kerry's replacement had he won, I shudder to think of it, considering how Janus-faced he is) - it was stupid and petty then, and it didn't age any better. But this is a four or five month spot, and there's important stuff to be done. I don't think anyone would be complaining if there were some major national security issue facing Congress and that vote would prove decisive.
Hopefully Sen. Byrd recovers quickly and this actually *does* help achieve something. And Dukakis would be a great choice, as lots of folks have pointed out. Though it may bum out his students this semester.

    Favorite    Flag as abusive Posted 09:56 PM on 09/22/2009
- FR I'm a Fan of FR 41 fans permalink

Agree on all counts. The 2004 law should have been thought out more carefully. It should have stipulated that a special election take place and yet still allowed for an interim replacement. Thta would have taken care of the current situation.
I too live in MA and I think five months of Dukakis would be a brilliant move.

    Favorite    Flag as abusive Posted 02:14 AM on 09/23/2009
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Also in Mass. and agree with both of you.

    Favorite    Flag as abusive Posted 10:29 AM on 09/23/2009
- jeff90125 I'm a Fan of jeff90125 25 fans permalink
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I'm in Massachusetts too and I'm just absolutely embarrassed. This circus is such a blatant partisan political move it makes me want to hurl. Kennedy lobbied to get the law changed in 2004, then he wanted it changed back.

It still astounds me how Kennedy kept getting re-elected. My condolences to the Kennedy family but I firmly believed that he kept getting re-elected on his brothers legacy.

Then to be in the same state represented by Kerry and Barney Frank.

Uh oh, hot lunch coming up.

    Favorite    Flag as abusive Posted 04:31 PM on 09/23/2009
- H321 I'm a Fan of H321 54 fans permalink
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YES!
Screw off Olympia Snowe.

    Favorite    Flag as abusive Posted 09:12 PM on 09/22/2009
- spinns17 I'm a Fan of spinns17 35 fans permalink
    Favorite    Flag as abusive Posted 08:57 PM on 09/22/2009
- madcat007 I'm a Fan of madcat007 44 fans permalink
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I agree with you. If we were voting today, he'd get my vote.

    Favorite    Flag as abusive Posted 08:10 AM on 09/23/2009
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I'm still evaluating the candidates but he's looking good to me so far.

    Favorite    Flag as abusive Posted 10:39 AM on 09/23/2009
- BeasleysMom I'm a Fan of BeasleysMom 145 fans permalink

I almost cried when I heard this. What a great tribute to Kennedy. In this age of slow as molasses government, Mass. got right in there and got it done. Other legislative bodies could learn a thing or two from them.

    Favorite    Flag as abusive Posted 08:57 PM on 09/22/2009
- PepeLepew I'm a Fan of PepeLepew 296 fans permalink
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I heard Dukakis' name being floated around a few weeks ago ... anyone heard anything about that?

    Favorite    Flag as abusive Posted 08:16 PM on 09/22/2009
- Veeve I'm a Fan of Veeve 31 fans permalink
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I live in MA. It's a very real possibility. They are looking for an elder statesman who knows the issues cold and will cast predictable progressive votes to match our progressive politics. Trust me that Dukakis is very well read on ALL the issues of the day and nobody will begrudge him 5 months as a senator. The majority of MA citizens aren't confused by the healthcare debate and we want a strong, robust public option to force the insurance companies' hands and provide better value for the price. We have 97% coverage and we provide subsidies to the poor to get coverage, but the cost cripples us too. We didn't have 20%+ increases this year, like much of the rest of the country, but even our rates are going up 10% and past increases have more than doubled the cost over the last 8 years for us too.

    Favorite    Flag as abusive Posted 09:03 PM on 09/22/2009
- madcat007 I'm a Fan of madcat007 44 fans permalink
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I think we'll be speaking of Senator Dukakis by the end of the week. He's the perfect guy. He doesn't want to be a Senator permanently, health care is a huge issue for him and whether you like him or not, he's a smart guy who has kept up on policy. Rachel Maddow actually covered this last night as well: http://www.msnbc.msn.com/id/26315908/#32976618

    Favorite    Flag as abusive Posted 08:14 AM on 09/23/2009
- seldoc I'm a Fan of seldoc 5 fans permalink

Is Massachusetts, which is as blue a state as there is, supposed to go without representation during the health care debates to satisfy the Right's extremely adaptable sense of fair play? There were politics at play in Florida in 2000 and there are politics at play here. That's the way the system works.

    Favorite    Flag as abusive Posted 07:14 PM on 09/22/2009
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To use several counseling techniques I need to use Immediacy which means you need to be in the here and now, not the past " 2000 was so 2000 ago lol". Concreteness= To clarify is this issue about white privilege /power in which President Obama is perpetuating the maintenance of the status quo ?

    Favorite    Flag as abusive Posted 07:29 PM on 09/22/2009
- GHO I'm a Fan of GHO 11 fans permalink

Actually, I would argue that it's the way the system DOESN'T work. This was the epitome of political hackery and hypocrisy.

I can't blame Dem's for being happy they get their 60th seat back, but be honest enough with yourselves to admit this was not kosher.

    Favorite    Flag as abusive Posted 07:51 PM on 09/22/2009
- eddiefi I'm a Fan of eddiefi 13 fans permalink

just remember Bush's win in Fla....I would trade this win for the Democrats with that one for the Republicans because we would not have any of the wars and problems that Bush caused with his "win"

    Favorite    Flag as abusive Posted 11:20 PM on 09/22/2009
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Really? What isn't kosher?

Does it violate the US Constitution? No.

Did the change in law in 2004 ensure that the will of the vast majority of Massachusetts voters would have their will respected had Kerry been elected President? Yes.

Does the change now also ensure that the will of the vast majority of Mass voters will be respected? Yes.

What isn't kosher is when a governor replaces a Senator with someone of the opposite party.

Stop whining just because you don't like the outcome.

    Favorite    Flag as abusive Posted 11:46 PM on 09/22/2009
- madcat007 I'm a Fan of madcat007 44 fans permalink
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To be honest with you, this amendment to the existing law (not a new law) is how it should have been written in the first place. Even had Kerry not been robbed via Ohio and Mittens replaced him with a republican, it would've only been for a few months. People need to understand, Romney won the governership by a very thin sliver (he had way more money than O'Brien-my candidate) and was a very unpopular governer. When he resigned, he had a 31% approval rating. Any appointee he would've made would have gotten zero respect.

    Favorite    Flag as abusive Posted 08:07 AM on 09/23/2009
- Veeve I'm a Fan of Veeve 31 fans permalink
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In the words one one well known sociopath and former American Vice President, "So?"

    Favorite    Flag as abusive Posted 09:05 PM on 09/22/2009
- GHO I'm a Fan of GHO 11 fans permalink

So much wasted effort. All of this could easily have been avoided back in 2004 if the legislature had written the law how they truly wanted it:

Wherein the Commonwealth should experience the loss of a sitting US Senator,

If the people of the Commonwealth, in their infinite wisdom, have elected a Democrat Governor, said Governor shall have the authority to appoint a replacement to finish the remaining term.

If, however, the ignorant people of the Commonwealth, in a failure to recognize that we Democrats know better than they how to run their lives, have foolishly elected a non-Democrat Governor, said Governor shall have the authority to twiddle his or her thumbs until such time as a special election is held.

    Favorite    Flag as abusive Posted 07:01 PM on 09/22/2009
- Thabit I'm a Fan of Thabit 15 fans permalink

WoW a republican got it right for once , congratulations GHO and welcome back to the human race

    Favorite    Flag as abusive Posted 11:56 PM on 09/22/2009
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