Robert Byrd, the longest serving member of Congress in history, who had a masterful knowledge of the institution which he served to shape the rules of the Senate and to serve the interests of his state, has died early this morning. Hospitalized last week for what was thought to be heat exhaustion, turned into more serious complications.
Senator Byrd had a colorful past with the most memorable act of his colorful life in filibustering the landmarked 1964 Civil Rights Act, which reflected his separatist views. His views moderated over time, which then placed him in the party hierarchy.
The passing of Senator Byrd will now pose challenges for the president as he tries to pass his much touted Financial Reform Legislation. The question of who replaces Sen. Byrd remains a bit murky! West Virginia has a Democratic governor, who can appoint a successor, who can then fill the remaining two years of his term, but that is if Sen. Byrd died after July 3—or less than 30 months left on his term. With 30 days left the law stipulates that an interim successor be taped to fill in until an election can be held.
Even this leaves it ambiguous on this point; Here is the exact wording from West Virginia code: “If the unexpired term of any office is for a longer period than [30 months], the appointment is until a successor to the office has timely filed a certificate of candidacy, has been nominated at the primary election next following such timely filing and has thereafter been elected and qualified to fill the unexpired term.”
This has huge ramifications for pending legislation and it makes it easier for the Republicans to mount a successful filibuster, especially considering the president’s Supreme Court nominee begins hearings today.
This will be a long hot summer!
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