State Representative Lew Evangelidis deserves to be applauded for taking the initiative and putting himself on the line when he filed a letter with Deval Patrick Thursday requesting the Governor look into the constitutionality of waiving the usual 90-days after a law is passed in order to immediately fill the vacant U.S. Senate position. The Telegram & Gazette (9/24/09) tells the story in a front-page article written by John J. Monahan. Earlier in the week House and Senate Republicans raised the issue of the legality of appointing an interim senator without waiting the specified time period, especially in light of the fact that the House had not garnered the two-thirds needed to enact the emergency provision that had been tacked onto the bill. Because the majority vote was lacking, the Senate did not take up the issue.

Of course we know the rest of the story, how MassGOP, in light of the House rejection of the emergency clause, tried to block the appointment on Friday by challenging the Governor's authority in declaring this an emergency situation. Their request was denied by Judge Thomas Connolly who wrote that the Republicans could not cite any prior cases supporting their claim. Nevertheless, MassGOP and the Republicans did the right thing in pursuing the postponement of the swearing in of Paul Kirk for 90 days, something which appears to be the normal custom in the passage of new laws but was deliberately skirted in order to provide that much sought-after 60th vote for health care reform.

Other State Representatives who signed the letter with Lew Evangelidis should also be commended and thanked: Karyn Polito, Daniel Webster of Hanson and Jeff Perry from Sandwich.

Telegram & Gazette, Thursday, September 24, 2009, "Eyes on Kirk to fill seat" by John J. Monahan, p.A 1. No online article found.

Telegram & Gazette, Saturday, September 26, 2009, "Paul Kirk sworn in as senator" by Jessica Leving, p.A1
http://www.telegram.com/article/20090926/NEWS/909260331/1052

The Boston Globe, Saturday, September 26, 2009, "Judge rejects GOP request to block Senate appointment" by John R. Ellement and Andrew Ryan. p.B3
http://www.boston.com/news/local/massachusetts/articles/2009/09/26/judge_rejects_gop_request_to_block_kirk_appointment/