Here in Massachusetts, the legislature has flipped its flop and given Democratic governors the power to appoint Democrats to fill the empty seats of Democratic senators.
In an entirely bipartisan manner, of course.
Interestingly, the appointment bill didn’t pass with the 2/3rds majorities in both houses required for the law to take effect immediately. Under Massachusetts law, the new rules won’t take effect for 90 days. Unless…
And that’s where the story gets interesting.
For the law to take effect immediately, Gov. Patrick must declare an “emergency” and file his declaration of such an “emergency” with the Secretary of State. As Joe Dwinell points out in the Boston Herald, there’s actually specific language about such a declaration in the Massachusetts Constitution:
But if the governor, at any time before the election at which it is to be submitted to the people on referendum, files with the secretary of the commonwealth a statement declaring that in his opinion the immediate preservation of the public peace, health, safety or convenience requires that such law should take effect forthwith and that it is an emergency law and setting forth the facts constituting the emergency, then such law, if not previously suspended as hereinafter provided, shall take effect without suspension.
To paraphrase the last member of law enforcement to stop me on the Mass Pike, “Where’s the fire?” What is the actual “emergency” facing the citizens of Massachusetts? I know President Obama and Harry Reid have an emergency—they need guaranteed votes for ObamaCare. But how is this our emergency in the Bay State?
Now, we all understand the shameless partisanship here. But there are other issue involved. For example, under the new “pandemic” law, the governor has the power to declare—at any time—an “emergency” that allows the government to arrest people without warrants, force immunizations on children against their parents will, place citizens under house arrests, seize private property, etc.
If the only definition of “emergency” under state law is “Deval Patrick wants one,” then that’s an awful lot of power to give any governor—even a competent one.
Not that that’s an issue at the moment.
UPDATE! I'm not the only person wondering why giving Harry Reid another vote is an "emergency." I got an email from Rep. Jeff Perry this evening:
This evening, four members of the Massachusetts House of Representatives’ Republican Caucus hand delivered a letter to Governor Deval Patrick requesting that he seek an advisory opinion from the Massachusetts Supreme Judicial Court before declaring legislation to fill Senator Edward M. Kennedy’s seat with an interim appointment an “emergency”. Representatives Jeffrey Perry (R-Sandwich), Daniel Webster (R-Pembroke), Karyn Polito (R-Shrewsbury) and Lewis Evangelidis (R-Holden), who are also members of the Massachusetts Bar, were the signatories.
If Gov. Patrick makes this "emergency" appointment unchallenged, somebody needs to file suit and ask the judiciary to step in. Even if that "somebody" has to be me.
The Democrats are going to get beaten badly in November. Not just because the economy is ailing. And not just because Obama overread his mandate in governing too far left. But because a comeuppance is due the arrogant elites whose undisguised contempt for the great unwashed prevents them from conceding a modicum of serious thought to those who dare oppose them. 
