The lawsuit asks the court to order White “to certify Governor Blagojevich’s appointment of Mr. Burris to the office of United States Senator from the state of Illinois and do all other acts required to confirm such appointment.”
The lawsuit is well based given White’s clear abuse of his authority. This is a valid appointment by the governor, who has been neither impeached nor convicted for any crimes. White is effectively declaring that he can unilaterally reject duly appointed candidates because he does not like the governor. That position would make the state laws discretionary at his whim and wishes.
It is not clear that White’s signature is actually needed in this case, though the standard form has placed for both the governor and secretary of state.
In the meantime, the democrats are moving forward with a plan to block Burris. Both actions are entirely without legal basis. There is no legal controversy or cloud over this appointment. To block such an appointment is an arbitrary and abusive use of power.
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