A Massachusetts GOP source says the state party filed for an injunction shortly before 11 a.m. to stop Sen.-designate Paul Kirk's (D) immediate appointment. More details as they become available.
And Secretary of state spokesman Brian McNiff said the secretary has signed off on the emergency declaration allowing Gov. Deval Patrick (D) to make the appointment now, rather than in 90 days.
He emphasized that Secretary William Galvin "had no choice" in the matter.
"The secretary’s action is strictly ministerial," McNiff said.
UPDATE: A copy of the injunction indicates it was filed in Superior Court in Suffolk County at 10:51 a.m. The plaintiff is the state GOP, and Patrick is listed as the defendant.
State GOP spokeswoman Tarah Donoghue says "the goal of this injunction is that the law be followed, and now this is in the hands of the courts.
"To summarize, the injunction states that the Governor does not have the Constitutional authority in this situation to require that the law be immediately effective."
UPDATE 2: The state GOP reports a hearing on the injunction will be held at 8 a.m. Friday., which is before Kirk is scheduled to be sworn in at 3:15 p.m.