What's Next For Burris?

By: Andrew Cohen
Topics: Congress

(CBS)

CBS News legal analyst Andrew Cohen takes a look at the legal issues surrounding Roland Burris, the Senate appointee by embattled Illinois Gov. Rod Blagojevich who was rejected by the Senate when he arrived at the Capitol to be seated today.

The reason why there seems to be no political clarity on the issue of whether Illinois' Roland Burris may be seated by the United States Senate is that there is very little legal clarity on the issue as well.

Each side in the dispute can point to the law in support of its position and when that happens you get the sort of chaos and confusion and gridlock that seems to be happening here and now.

There are cross arguments and conflicting precedents topped off by a dichotomy between state rules and the federal Constitution. There is one Supreme Court case that is relevant but that has to do with the "qualifications" of a person to serve in the Congress.

(CBS)

In this case, no one disputes that Burris has the qualifications to serve in the U.S. Senate. The question is whether the person who appointed him, in this case Illinois Gov. Rod Blagojevich, is so politically tainted so as to have corrupted the process by which Burris was selected and would serve. And there is no Supreme Court case directly on that point.

So it's process — the argument offered by Senate Democrats — versus substance — the argument offered by Burris and Blagojevich. And unless there is some sort of political compromise — a good bet, I think, given Majority Leader Sen. Harry Reid's comments Sunday — the dispute will have to be resolved by the courts. Federal judges get the big bucks to resolve precisely these sorts of thorny conflicts.

3 Comments Have Your Say
Email Story Send to a Friend
Share This Tell Your Friends
Tweet This Tweet This
More Share It

Add a Comment


by sanfelz January 9, 2009 12:20 PM EST: The legal issues are intriguing but Reid''s primary concern is who will be running when this seat is put to the voters. If Burris is not seated and Blagojevich is removed from office, the Lt Gov promises a general election.; Reply to this comment


by besscannon-2009 January 8, 2009 2:17 PM EST: The Govenor chose a blackman because this was his way of thumbing his nose at the Senate. He knew if he played the race card it would put them in a ticklish position. Blago is a snesky, rrogant, deceitful ***.; Reply to this comment


by billrich11 January 7, 2009 1:33 PM EST: BREAKING NEWS!!! BREAKING NEWS!!! BREAKING NEWS!!!

At this very moment in time wormy little Harry "Palms" Reid is in his office taking it straight up the old keester from the black man.

I called it the day Blago appointed Mr. Burris, and now Harry is taking the big one straight up the azz!!; Reply to this comment