A judge will rule before noon today in the Massachusetts Republican Party’s lawsuit to stop the appointment of Sen.-designate Paul Kirk (D-MA) to Ted Kennedy’s Senate seat.
Suffolk County Superior Court Judge Thomas Connolly heard from both sides this morning. The GOP have argued that Gov. Deval Patrick did not have the constitutional authority to declare the law an emergency measure that would take effect immediately. The Dems have countered that Patrick did in fact have this ability — and that Republican former Gov. Mitt Romney himself had used it in the past.
Kirk is set to be sworn in by Vice President Biden this afternoon. If Connolly were to suddenly nullify the appointment, that would certainly throw off Democratic efforts to get back to 60 seats — and if he lets it go ahead, then there will be no time to appeal.