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Roland Burris won his certification battle before the
Illinois Supreme Court on Friday, but Senate leaders say the ruling only
strengthens their opposition to seating him in their chamber. Burris was handed an apparent victory when the court
ruled that Illinois Secretary of State Jesse White does not have to sign the
certification paperwork by Gov. Rod Blagojevich, meaning Burris's appointment
to the Senate last month is valid.
White had vowed not to sign the papers because of the
corruption charges against Blagojevich, who is accused of trying to sell
President-elect Obama's former seat.
“Under the Secretary of State Act, the Secretary’s sole
responsibility was to register the appointment, which he did,” wrote Judge
Lloyd Karmeier in a nine-page opinion. “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.”
Burris said in a statement that the ruling proves he is
indeed the junior senator from Illinois, as he has claimed for weeks.
“I am very happy that the Supreme Court ruled supporting
our argument that everything surrounding this appointment was legal and
complete,” Burris said. “This appointment meets the qualifications required
by the U.S. Senate of all gubernatorial appointees to fill vacated seats …
I am confident I have cooperated with all the requests of the U.S. Senate and I
expect they will validate my credentials and seat me in a timely manner.”
But Senate leaders say just the court’s ruling means just
the opposite. Majority Leader Harry Reid (D-Nev.) and Majority Whip Dick Durbin
(D-Ill.) have said Burris won't be seated without such certification, and a
senior Senate aide said the court ruling bolsters that claim since White now
cannot be forced to sign the paperwork.
An 1884 Senate rule says senators must have certification
papers signed by their states' governors and secretaries of state. In a private
call to Senate leaders, White renewed his vow not to sign the papers Friday.
Burris is likely to file a lawsuit in federal court in
Washington, which would almost certainly take months to resolve. Blagojevich
was impeached Friday and Senate leaders expect he will be removed from office
by Illinois state lawmakers within weeks — long before the resolution of the
lawsuit — allowing Lt. Gov. Pat Quinn to assume the governor's office and make
a fully legal appointment.
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