On my way home this evening I happened to catch the Howie Carr show. Howie was discussing the day’s legislative activities with members of the House and Senate GOP caucuses. During those conversations we learned that the Democratic leadership made what could prove to be a fatal mistake in giving Governor Patrick the power to appoint an interim Senator. The leadership put the emergency preamble wording directly into the bill that passed the house and senate. This is almost never done. Emergency preambles are put on after bills pass before they go to the Governor.
Since this was in the legislation, the legislature is on the record as saying no emergency exists. The legislature being a co-equal branch of government with the executive, means that the Governor may have a hard time legally justifying declaring an emergency now.
The MassGOP including the four members of the legislature who are lawyers, Jennifer Nassour, and legal counsel are reviewing case law to see if a case can be made that the law must only take effect in 90 days. Jenn spoke with Howie about their deliberations.