Why should the GOP worry that Democrats would delay seating Brown should he win?

Republicans have been crying foul over the possibility that a Scott Brown win today in Massachusetts would be followed by a concerted effort by Democrats in Massachusetts and the U.S. Senate to delay his seating. Judging by the shenanigans the Bay State Democrats have utilized in the past, including changing the state's senate vacancy appointment law twice, Republicans have a right to be legitimately concerned.

In 2004, the Massachusetts legislature voted to strip then Governor Mitt Romney of the vacancy appointment power just in case Senator John Kerry beat George W. Bush in the 2004 election. The law as it existed would have allowed Governor Romney to appoint a Republican senator to replace Kerry. The appointed senator would then serve until the next General Election in 2006. Instead, the new law required a special election to take place within 145 to 160 days following the sitting senator's letter of resignation. The law was never utilized since Kerry didn't win (obviously) and he continued to represent Massachusetts in the senate (as did Ted Kennedy).

Last year, state Democrats did face a vacancy when Ted Kennedy succumbed to incurable brain cancer.  Per Kennedy's "dying wish," the Democrat dominated state legislature changed the senate appointment power back to the governor (now Democrat Deval Patrick), allowing him to immediately appoint an interim senator. (The interim senator, Paul Kirk, was sworn in just in time to cast a crucial vote on health care.) Otherwise, there would have been the original delay of 145 to 160 days, leaving the seat vacant while Senate Democrats had 59 votes for health care.

Unfortunately, Massachusetts is so dominated by the Democratic Party that attempts at crying foul to these transparently political maneuvers don't go very far. The current composition of the state House is 144 Democrats and 16 Republicans. The state Senate has 34 Democrats and 5 Republicans. In addition to currently holding both of the U.S. Senate seats, Democrats hold the Governor's mansion and all 10 U.S. House seats. Perhaps an upset by Brown today would be the first step in establishing some balance and accountability in a state dominated by one party for too long.

We will provide updates on the technical legal matters of when Brown could (and should) be seated, should he be tonight's victor.