I'm assuming most of you have been following the trouble Illinois Governor Rod Blagojevich has gotten himself into. Beyond the politically damaging nature of the scandal, there are also serious legal implications.
There are several questions being raised about the legality of an appointment by the embattled governor. He was arrested for allegedly trying to sell Obama's former senate seat to the highest bidder. However, he has not yet been charged.
During one of the many legal moves, the Illinois Attorney-General filed a motion to strip the governor of his powers. This move is generally reserved for moments when the Governor is incapacitated. AG Lisa Madigan tried to make the argument that the scandal was equal to a health issue, because it also rendered the Governor incapable of carrying out the duties of his office.
This motion was ultimately denied by the court. Rightfully so, the court decided these were not analagous grounds.
Now, Blagojevich has appointed Roland Burris to the seat, and this has met with all kinds of hostile moves. Senate Democrats originally wanted to try and block his appointment, saying he was "tainted" because Blagojevich is under this cloud of scandal. However, several NGOs have filed lawsuits trying to have him seated. The question is, basically, whether the appointment carries legal weight and if it is even possible for other senators to block an appointment.
The matter is complicated by political and racial motives because Burris would be the only African-American member of the senate. But, the matter remains if the appointment follows the rule of law and is therefore unblockable without it being illegal.
[Source: National Post]
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