Well, this morning Daniel Inoye was named President Pro Temporae of the Senate (Byrd’s position) so the Senate, at least, considered Byrd’s seat to be vacant.
Considering Senator Byrd’s activity level in the last few years (compared to earlier years at least), it may take W. Va. some time to notice a change of state.
Seniority as a criterion for position can be taken to ridiculous extremes. So we traded Byrd (who, prior to a couple of days ago had one wheel in the grave for years) for Inouye (who’s trudging his way up Death’s front steps like Tim Conway’s little old man).
I’ve occasionally expressed sympathy for term limits, but overall I think studies that have shown that term-limited seats tend to be MORE dependent on lobbyists (because if everyone is a freshman, the lobbyists are the only people who know how things work) keep me from favoring the idea most of the time. But do we really need to have a Senate that’s pretty much nothing but a sloooow-moving conveyor belt to the cemetery?