# Roland Burris Denied Obama's US Senate Seat - Now What?

**URL:** <https://boards.straightdope.com/t/roland-burris-denied-obamas-us-senate-seat-now-what/480105>\
**Category:** Great Debates\
**Created:** [January 6, 2009, 5:09pm UTC](https://boards.straightdope.com/t/roland-burris-denied-obamas-us-senate-seat-now-what/480105 "2009-01-06T17:09:55Z")\
**Posts on this page:** 10\
**Page:** 4

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**Author:** ![Frostillicus](https://avatars.discourse-cdn.com/v4/letter/f/e9bcb4/32.png) [@Frostillicus](https://boards.straightdope.com/u/Frostillicus)\
**Post date:** [January 8, 2009, 3:58am UTC](https://boards.straightdope.com/t/roland-burris-denied-obamas-us-senate-seat-now-what/480105/61 "2009-01-08T03:58:02Z")

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> [@Lantern](#):
>
> [How the Senate can stop Blagojevich.](http://www.slate.com/id/2207754/pagenum/all/)
> 
> A Slate article by Akhil Reed Amar and Josh Chafetz which argues that the Senate does have the authority to block Burris. Regardless of the legalility, my sense is that this isn’t where the politics is going. There is already a racial tinge to the whole issue particularly because Burris would be the only black senator if his appointment goes through. If he can sort out the signature issue in Illinois my hunch is he will be through.

I think Bobby Rush just accused Jesse White\* of attempting to lynch Roland Burris.

- Jesse White is African-American, in case you don’t know.

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**Author:** ![DSeid](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dseid/32/20194_2.png) [@DSeid](https://boards.straightdope.com/u/DSeid)\
**Post date:** [January 9, 2009, 8:04pm UTC](https://boards.straightdope.com/t/roland-burris-denied-obamas-us-senate-seat-now-what/480105/62 "2009-01-09T20:04:05Z")

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So now [Burris has lost](http://politicalwire.com/archives/2009/01/09/burris_loses_court_case.html) his attempt to force Jesse White to sign the form. The Illinois Supreme court’s comments that such a signature is not required notwithstanding as they do have jurisdiction over Senate rules.

And [Blago is impeached.](http://www.fivethirtyeight.com/2009/01/blago-impeached-tide-turning-again-on.html) Trial to be held in the Illinois Senate next week.

Burris has little support in Illinois (see link above.)

So some of those questions, such as whether or not Quinn could rescind and appoint someone else if Burris is not yet sworn in, become very significant afterall.

Wow.

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**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\
**Post date:** [January 9, 2009, 8:38pm UTC](https://boards.straightdope.com/t/roland-burris-denied-obamas-us-senate-seat-now-what/480105/63 "2009-01-09T20:38:49Z")

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Update:

> **[Court opens way for Burris to take Obama's seat](https://www.reuters.com/article/politicsNews/idUSTRE5085XT20090109)**
>
> The Illinois Supreme Court on Friday ruled Democrat Roland Burris' appointment to the U.S. Senate valid, which could move him a step closer to taking President-elect Barack Obama's vacant seat.

_Reid said this week that once Burris had done his part, the Senate Rules Committee and then the full Senate will likely have to agree to seat him_

[http://www.boston.com/news/politics/politicalintelligence/2009/01/burris\_clears\_a.html](http://www.boston.com/news/politics/politicalintelligence/2009/01/burris_clears_a.html)  
\*Roland Burris moved a significant step closer to replacing President-elect Barack Obama in the US Senate when the Illinois Supreme Court ruled that the state secretary of state’s signature isn’t required on his appointment document after all.

It is one of the legal hurdles that leaders of the Senate set before they would seat Burris. The other appeared to be met on Thursday when Burris testified …

After initially flatly refusing to seat Burris, Senate Majority Leader Harry Reid and other Democratic leaders opened the door this week to Burris taking the spot. \*

I’ll predict Burris is in before next Friday.

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**Author:** ![DSeid](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dseid/32/20194_2.png) [@DSeid](https://boards.straightdope.com/u/DSeid)\
**Post date:** [January 9, 2009, 9:02pm UTC](https://boards.straightdope.com/t/roland-burris-denied-obamas-us-senate-seat-now-what/480105/64 "2009-01-09T21:02:55Z")

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Interesting how different sources interpret the same ruling. One calls it a Burris loss the other a victory.

I do not claim to know which it is but I am not so sure any one here or even anywhere else does either.

Also, following a 529 link is [this.](http://www.suntimes.com/news/metro/blagojevich/1369257,CST-NWS-impeach09.article)

> [@](#):
>
> A potentially troublesome new detail emerged about Roland Burris’ controversial U.S. Senate appointment Thursday after a state House panel voted unanimously to recommend Gov. Blagojevich be impeached.
> 
> For the first time, Burris indicated that he asked Blagojevich’s former chief of staff and college classmate, Lon Monk, to relay his interest in the Senate seat to the governor last July or September. … Whether the new Monk detail poses any threat to Burris’ efforts to persuade Senate Majority Leader Harry Reid (D-Nev.) to allow him to be seated isn’t clear, but Republicans on the state impeachment panel see a contradiction.
> 
> “There is an inconsistency between his testimony and the affidavit,” said state Rep. Jim Durkin (R-Western Springs). “I’ll leave it to Sen. Reid to determine what value that has to their process.” … Sen. Dick Durbin (D-Ill.) did not weigh in on whether Burris had passed the test to lay claim to the state’s vacant Senate seat. “Roland Burris has now testified, and we will carefully review that testimony,” Durbin said.

It seems like things are not quite yet completely settled. By next Friday? Maybe they will be. But I can also imagine a foot dragging to accept Burris on one or another process, a quick impeachment trial, and a question about if a new governor can rescind an unconsumated appointment going to a court battle.

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**Author:** ![Freddy\_the\_Pig](https://avatars.discourse-cdn.com/v4/letter/f/a587f6/32.png) [@Freddy\_the\_Pig](https://boards.straightdope.com/u/Freddy_the_Pig)\
**Post date:** [January 9, 2009, 9:38pm UTC](https://boards.straightdope.com/t/roland-burris-denied-obamas-us-senate-seat-now-what/480105/65 "2009-01-09T21:38:58Z")

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> [@DSeid](#):
>
> Interesting how different sources interpret the same ruling. One calls it a Burris loss the other a victory.

It is indeed a double-edged sword.

On the one hand, the ILSC ([text of ruling, PDF](http://www.state.il.us/COURT/Opinions/SupremeCourt/2009/January/107816.pdf)) has found that nothing in Illinois law compels White to sign the appointment.

On the other hand, it has opined that the US Senate rules don’t require it anyway ([US Senate Rule II](http://rules.senate.gov/senaterules/rule02.php)), and that if they **DO** require it, they may be unconstitutional.

But guess what–the Senate writes and interprets its own rules, and if they’re unconstitutional, it’s the place of SCOTUS to say so, not the ILSC.

As I’ve said, I don’t think Burris should be seated. But I’m starting to feel sorry for the guy. It’s like when you have a computer problem at work, and hardware and software point fingers at each other.

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**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\
**Post date:** [January 9, 2009, 10:20pm UTC](https://boards.straightdope.com/t/roland-burris-denied-obamas-us-senate-seat-now-what/480105/66 "2009-01-09T22:20:00Z")

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Wow, that’s a tough one. You could argue that while those forms are only recommended, the fact that they all include a space for the Secretary of State’s signature means that it is an integral part of whatever form is used.

If it weren’t required, then why include it on the form? Using that logic, you could say that the Governor’s signature wasn’t required, or that no documentation at all was required since these forms are only “recommended”.

Clearly the IL Supremes wanted no part of this…

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**Author:** ![DSeid](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dseid/32/20194_2.png) [@DSeid](https://boards.straightdope.com/u/DSeid)\
**Post date:** [January 9, 2009, 11:20pm UTC](https://boards.straightdope.com/t/roland-burris-denied-obamas-us-senate-seat-now-what/480105/67 "2009-01-09T23:20:01Z")

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> [@Freddy\_the\_Pig](#):
>
> But guess what–the Senate writes and interprets its own rules, and if they’re unconstitutional, it’s the place of SCOTUS to say so, not the ILSC…

That was my worth very little thought. Which is why, what with the potential of an imminent Blago departure appearing more likely, there may be a move to send this to the Senate Rules Committee for a verdict … depending on what the Senate legal minds tell them would the case about Quinn having a chance to rescind an unconsumated appointment.

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**Author:** ![Lantern](https://avatars.discourse-cdn.com/v4/letter/l/d26b3c/32.png) [@Lantern](https://boards.straightdope.com/u/Lantern)\
**Post date:** [January 13, 2009, 6:07am UTC](https://boards.straightdope.com/t/roland-burris-denied-obamas-us-senate-seat-now-what/480105/68 "2009-01-13T06:07:22Z")

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> **[Burris Will Take His Seat as a Senator From Illinois (Published 2009)](https://www.nytimes.com/2009/01/13/us/13burris.html?_r=1&hp)**
>
> Senate Democratic leaders said Roland W. Burris would be seated as Barack Obama’s replacement, resolving the conflict around his appointment.

Burris is going to be seated. Apparently the Illinois SOS changed his mind and issued a letter affirming his appointment and Reid and Durbin think it’s sufficient.

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**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\
**Post date:** [January 13, 2009, 6:02pm UTC](https://boards.straightdope.com/t/roland-burris-denied-obamas-us-senate-seat-now-what/480105/69 "2009-01-13T18:02:12Z")

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Yes, and it looks by this Thursday.

[http://www.cbsnews.com/blogs/2009/01/13/politics/politicalhotsheet/entry4718858.shtml](http://www.cbsnews.com/blogs/2009/01/13/politics/politicalhotsheet/entry4718858.shtml)

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**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\
**Post date:** [January 20, 2009, 4:47pm UTC](https://boards.straightdope.com/t/roland-burris-denied-obamas-us-senate-seat-now-what/480105/70 "2009-01-20T16:47:39Z")

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Burris has been seated on the 15th, in case anyone didn’t know.  
[http://www.boston.com/news/politics/politicalintelligence/2009/01/burris\_joins\_th.html](http://www.boston.com/news/politics/politicalintelligence/2009/01/burris_joins_th.html)

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