Like too many journos, Josh seems to have fallen for the idea that somehow, someway, Harry Reid, Dick Durbin, IL Lt. Gov. Pat Quinn and other P.O'd Illinois Dems can "run out the clock" on Roland Burris and simply appoint a new Illinois Senator once (make that if and when) Rod Blagojevich is convicted. (See last para of Burris article on TPM's Front Page.)

They can't.

A reminder once again that the Illinois Supreme Court was very deliberate in their ruling and opinion on the writ of mandamus Roland Burris sought last week. Mr. Burris is the junior Senator from Illinois. Two actions by the Governor and the Illinois Secretary of State inexorably made that fact: on December 30, 2008 the Governor, according to statute and within his authority appointed Burris to the seat. On December 31, 2008, the Secretary of State registered the appointment of Burris as Senator, again according to statute and within his authority.

That Jessie White opted not to sign his name to the document(s) given to Burris to give to the Senate is, in the Court's view irrelevant. (I must stress again that people need to read the entire 10 page opinion.)

Pundits, including Josh, along with Reid, Durbin and others who think they can merely oust Blagojevich and install a new Governor (ostensibly Pat Quinn) have all failed to answer this key question: How will they remove from office the current junior Senator?

While they all scream that Blago shouldn't have appointed anyone, they fail grasp the central reality that Blago, regardless of his status -- being investigated, being arrested, being indicted (not yet), being impeached -- still holds the SOLE authority in the state of Illinois to conduct the business of the office of the Governor and that includes making appointments.

The state's Attorney General tried and failed to remove Blago on the basis that he was impaired. Like it or not, Blago has made a legal and binding appointment. The legality of that appointment was confirmed by the state's Supreme Court.

Many pundits have tried to suggest that the legal principle of "fruit of the tainted tree" applies. It doesn't. And was confirmed again by the Supreme Court. Blago's appointment of Burris is legal.

So, in order to remove Burris, there needs to be some compelling circumstance INDEPENDENT of Blago that proves Burris is either unqualified or unfit.  Constitutionally, the requirements to serve as US Senator are being a US citizen and having attained the age of 30 at the time swearing in. Mr. Burris is a US citizen and at this writing is 71 years old.

Is Mr. Burris unfit to serve? No. He is in good health, appears to have all of his faculties intact and is physically capable of going to Washington and attending the sessions of the Senate. Has Mr. Burris committed any act (such as a "high crime or misdemeanor") that would disqualify him from service? No, he has not.

Without SEPARATELY removing Mr. Burris from office for INDEPENDENT wrongdoing on Mr. Burris' part, there is no path to appointing someone new. Illinois Democrats know that is the case, as do Harry Reid and Dick Durbin. Unless and until Mr. Burris does something that warrants his removal, he is the Senator. Period.

It is not illegal for someone to accept an appointment (or pardon, or commission, etc.) made by an elected official who has been arrested, indicted or impeached.  He or she cannot be removed for  accepting the appointment. That Mr. Burris might not win an election in 2010 is irrelevant to the legality of his appointment.

Mr. Burris has accepted the appointment made by the Governor. The Secretary of State has duly registered the appointment as required by law. The Illinois Supreme Court has confirmed the legality of appointment even as they denied the specifics of the writ of mandamus Mr Burris sought. They also identified the best means within the laws of state of Illinois to comply with the Senate's picayune request for a signature, by telling Mr. Burris and his team to request a copy of the registration made by Mr. White of the Governor's appointment of Mr. Burris, to which the Secretary of State must affix his signature and state's seal. 

The Senate cannot hold its rules and traditions above and outside of the federal Constitution and the laws of the state of Illinois.

The only ticking clock now is the countdown to the 2010 mid-term elections.