Saturday, January 10, 2009

Clarification Required in Conflicting Laws - Clear as Mud

It would seem as though the Illinois Supreme Court has made roads for Mr. Burris to take the matter to the US Supreme Court. The Illinois ruling has stated there is no state statue requiring the signature of the Secretary of State. However, there is a challenge to that and Mr. Jesse White may be in violation of a Federal Statute issued by the US Senate.

Durbin may or may not be correct. By 'routine' the appointment of a US Senator by a Governor needs to be accompanied by the Secretary of State. That 'routine' may or may not be law and it has to be clarified. If the US Supreme Court states a Secretary of State signature is mandated, it then also needs to rule as to the capacity of a Secretary of State to 'veto' the powers of a Governor.

It may be that the Writ of Mandamus now has to be issued to the US Supreme Court for enforcement.


The Illinois Supreme Court has ruled that the secretary of state need not sign the document appointing Roland Burris' to the U.S. Senate....
...With the ruling, the fate of Burris' appointment falls to the Senate, which says its rules require the signature of both the governor and the secretary of state for any appointment. Sen. Dick Durbin said earlier this week that the Senate has never waived that rule....