Friday, January 09, 2009

IL Supreme Court denies Mandamas

The Illinois Supreme Court has just denied Burris' Petition for Writ of Mandamus.

The Court's ruling makes perfect sense. Since Illinois law does not require the Secretary of State to certify the Governor's appointment the court has no basis upon which to compel him to do so.

Here's an excerpt from the court's opinion:
Because the Secretary of State had no duty under section 5(1) of the Secretary of State Act to sign and affix the state seal to the document issued by the Governor appointing Roland Burris to the United States Senate, Petitioners are not entitled to an order from this court requiring the Secretary to perform those Acts. Under the Secretary of State Act, the Secretary’s sole responsibility was to register the appointment, which he did. No further action is required by the Secretary of State or any other official to make the Governor’s appointment of Roland Burris to the United States Senate valid under Illinois law. Moreover, to the extent that additional proof of the validity of the appointment is necessary, Illinois law provides a mechanism for obtaining it without the need for judicial intervention. For the foregoing reasons, petitioners’ request for issuance of a writ of mandamus is denied. Mandate to issue forthwith.
This is yet another example of the flaccid Harry Reid's failed leadership in the Senate. He -- and others -- shot their mouths off and have now backed themselves into a corner lamely claiming Senate rules require the Secretary of State to certify any appointment.

Reid has no lawful basis upon which to not seat Burris and he needs to just eat crow and do it. Then he needs to resign as majority leader and make way for a competent person to run the Senate.

My guess is that the entire Senate will vote next week to seat Burris.

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