Legal Eagles

The legal braintrust at the GOP, that is...I'm not sure who because they're not very smart...have declared that the current holder of Ted Kennedy's seat, Paul Kirk, cannot be the 60th vote on Obamacare after Tuesday and that Scott Brown must immediately be seated Wednesday when he wins.

Democrats in Massachusetts have talked about delaying Brown’s “certification,” should he defeat Democrat Martha Coakley on Tuesday.  Their aim would be to allow Kirk to remain in the Senate and vote the health care bill.

But based on Massachusetts law, Senate precedent, and the U.S. Constitution, Republican attorneys said Kirk will no longer be a senator after election day, period.  Brown meets the age, citizenship, and residency requirements in the Constitution to qualify for the Senate.  “Qualification” does not require state “certification,” the lawyers said.

So it doesn't matter if the state certifies him at all, according to the GOP.  He won, that's it, he's the Senator...even though the election is not until Tuesday and Brown hasn't won yet.

Then again, the Wingers have Joe F'ckin Lieberman endorsing Scott Brown at this point too, when not even Lieberman is that stupid, apparently.

A spokesman for the senator shot down rumors that Lieberman would weigh in on the closely-watched special election, in which Republican Scott Brown is waging a surprisingly tough battle against state Attorney General Martha Coakley (D).

Conservative bloggers had been floating a rumor that Lieberman, a centrist, independent senator who caucuses with Democrats, would endorse Brown.

Those rumors, the spokesman said, are "not true," and no announcement is planned on the race.

Considering Lieberman's approval numbers in Connecticut are down to around 25% and Lieberman is seen around the state as "The Guy Who Killed The Public Option" I can see why he'd not back Brown here.  Again, it all comes down to Tuesday's vote.