Due to the elevation of its junior senator to the presidency of the United States, Illinois state law requires its governor to appoint a qualified candidate to fill the open seat for the remainder of the term, terminating with the regularly scheduled canvass for senate in 2010. Yesterday, the duly elected governor, Rod Blagojevich, appointed, Roland W. Burris, longtime Illinois public servant, to represent the people of the Prairie State. In ordinary times, this would all be pro forma and not much of a news story. But these are no ordinary times.

Backed up by the President-elect, Senate Democratic Leadership has drawn a line in the sand, forswearing to block the appointment, arguing that Governor Blagojevich, as a result of his recently discovered perfidy, is unfit to make the selection.

From the Senate Democratic Leadership:

"This is not about Mr. Burris; it is about the integrity of a governor accused of attempting to sell this United States Senate seat. Under these circumstances, anyone appointed by Gov. Blagojevich cannot be an effective representative of the people of Illinois and, as we have said, will not be seated by the Democratic Caucus."

Statement in full on PDF here courtesy of C-SPAN; interestingly, this statement is not available as of this writing on any of the usual Senate websites.

Democratic Leadership is wrong. It makes no sense to block a legitimate replacement appointment solely because of his indirect relationship with a politician about whom you are feeling guilty and politically vulnerable.

Burris is a qualified candidate in terms of the Constitution, which admittedly does not set a very exacting standard: 30 years of age, nine years a citizen of the United States, and a current resident of Illinois. More significantly, as all parties acknowledge, Burris is also an eminently qualified candidate in terms of reputation and political experience.

There is no reason to believe that Burris cannot effectively represent the people of Illinois. Harry Reid and his boys ought to take a deep breath, admit that Blago outfoxed them--and then stand down.

Granted Blagojevich is most likely a bad guy, which Harry Reid and company knew long before Patrick Fitzgerald made the man a pariah. What changed exactly? Legally, not much. This governor, who remains unindicted (at this point he faces only a criminal complaint), has all the formal power he did before December 9th.

UPDATE: Just now USA Patrick Fitzgerald asked for a 90-day extension to indict (breaking news via USA Today here). Really, what in the Sam Hill is going on with this case?

Thus far the Illinois legislature has not gotten serious on impeachment, nor have they enacted legislation that would have placed the replacement decision in the hands of the voters (legislation which Blogojevich had promised to sign). The common wisdom holds that the Democratic-run Illinois state senate balked upon considering the possibility that a special election might favor a Republican candidate in this atmosphere.

So, in the absence of action on the part of the legislature, the governor reasonably argues that he has an obligation to move forward.

According to the Constitution, the Senate reserves the right to refuse service to anyone it pleases. But this may well be a case in which the institutional "right" conflicts with right and wrong, and the fine print may not be in keeping with the "spirit of the law."

Bottom line: Harry Reid and company need to hold their noses (for public consumption), seat Burris, and move on.