Illinois U.S. Senate appointee Roland Burris is surrounded by supporters and the media as he arrives on Capitol Hill
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The Senate's swearing-in ceremony for the nine incoming freshman who have secured their places is continuing as planned. But all the attention of the day has been focused on the drama of Burris' rejection from the Hill and the other elephant not in the room, Al Franken, whose squeaker victory by 225 votes was certified Monday by the Minnesota Canvassing Board (though Franken is still ensnarled by legal challenges from GOP incumbent Norm Coleman). "The Democratic Party is now running all three rings of the governmental circus, and a clown act has appeared in one of the rings," says Larry Sabato, a political science professor at the University of Virginia. "This is a moment when Democrats had hoped that they could keep the public's focus on their popular new President and the expansive agenda to get the economy back on track. But these human dramas are more interesting to most people."
In Minnesota, recounts and legal wranglings have approached levels of electoral chaos not witnessed since Florida's hanging chads. Democrat and former Saturday Night Live comedian Franken declared victory on Monday, but he won't be sworn in with the rest of the class. Given the tough standard the Dems are holding Burris to, they would have a hard time waving in Franken without an official stamp of approval, and Minnesota Governor Tim Pawlenty, a Republican, is inclined to allow Coleman the opportunity to exhaust all avenues of appeal. Even if the Democrats tried to swear Franken in — and party leaders like Reid and Charles Schumer have indicated that they would like to — Republicans like John Cornyn have already threatened to filibuster to prevent any such move.
As ugly as Tuesday's scene was, it may end up buying the Dems enough time to deal with the Burris appointment. Since Blagojevich could be impeached as early as next week, a bureaucratic delay would allow Quinn to then make what would be considered a legitimate appointment. All of this may seem like an internal party squabble, but Democrats say the GOP is waiting in the wings, ready to object to Burris and demand a special election (as Illinois Republicans unsuccessfully tried to do a few weeks ago); given the way Blagojevich has dragged down the local party in recent weeks, Democrats fear such a vote would cost them the seat. "The [Republicans] wouldn't have a leg to stand on if Quinn were to appoint someone," a senior Democratic Senate aide said.
If and when both Burris and Franken are sworn in, the Democrats will enjoy their largest majority in the Senate since 1979, of 59 seats. The nine other freshmen who are being sworn in Tuesday with no controversy include Mark Begich of Alaska; Kay Hagan of North Carolina; Mike Johanns of Nebraska; Jeff Merkley of Oregon; Jim Risch of Idaho; Jeanne Shaheen of New Hampshire; Mark and Tom Udall, cousins from Colorado and New Mexico, respectively; and Virginia's Mark Warner.