Massachusetts tries to change succession law in mid-stream

From a letter published in the Washington Post by our lead blogger, Scott Tate:

“How can it be appropriate to change the legal mechanism for filling a vacancy after that vacancy has occurred?”

“Oh yes he did say that!”

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Can Massachusetts Do That?

Tuesday, September 1, 2009

While I agree with the thoughts expressed in the Aug. 29 editorial “Filling a Void,” it did not get to the most relevant issue regarding filling the U.S. Senate vacancy created by the death of Sen. Edward M. Kennedy (D-Mass.).

So Massachusetts law calls for a special election, but Democrats want to change the law to allow the governor to name an interim senator. How can it be appropriate to change the legal mechanism for filling a vacancy after that vacancy has occurred? Wouldn’t this be a variation of an unconstitutional “ex post facto” law, since the process would be changed retroactively — after the action that triggers that process has taken place?

SCOTT TATE
Arlington (Virginia)

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So to those Massachusetts legislators who wish to change the law and thwart the rights of the public to vote for their U.S. Senator, we say:

“Oh no you didn’t say that!”