That was
the succession law, simply put. Previous to 2004, the Governor had the
right to appoint an interim Senator, should a vacancy arise – but was
changed because there was a chance, albeit slim, that Senator Kerry
would become President, and then Republican Governor Mitt Romney would
be able to appoint someone from that party to occupy the coveted seat.
Protect thyself, indeed.

The change in the law removing the
right of the Governor to make that appointment didn't go over so well,
and the bill stalled in committee. Until Senator Kennedy started making
personal phone calls and it finally was passed. Now we have the special
election process in place – and let's not even get into how much money
it costs to hold a statewide special election.

There is plenty
of speculation as to the real reasons the Democratic Party
(specifically Ted Kennedy before he passed) would want to change the
law back, so that the (now Democratic) Governor could make the
appointment, even in the short interim between today and the special
election, which has already been scheduled for January.

The easy
answer would be that there would be to ensure Massachusetts has a
second voice in the health care debate currently underway. The more
complex and difficult to swallow answer would be that by having someone
appointed as an interim Senator, the Democrats in the Senate would then
have a 60 vote "filibuster-proof" majority. That is assuming every
Democratic Senator would be a locked-in vote, and that isn't likely.
The easiest answer lies somewhere in the middle of those two – where
Democrat-controlled Senate would push through health-care reform via
the simple, more plausible, majority-only "reconciliation" process.

The
problem is now changing back something from that suited the Party so
well in 2004, to what we once had, which suits the Party so well in
2009. That presents a number of problems politically in this day and
age of "transparency" – especially for Governor Patrick, who campaigned
against "politics as usual" when he ran for his seat. The Legislature
has it easy – all they have to do is say "hey, it shouldn't have been
changed to begin with." And bumble along whilst people's heads nod in
agreement.

The funny part about the discussion now, isn't that
the law should be changed back – everyone involved has come to the
conclusion that even if it smacks of self-serving politicism, it will
happen. The issue now is how to word the change back so that somehow
whomever is appointed, won't be able to run in the special election.