The Volokh Conspiracy - Surely a Sign of the Apocalypse:

Erwin Chemerinsky and I agree on something. In Dean Chemerinsky's words,

Like it or not, Illinois Gov. Rod R. Blagojevich has the legal authority to appoint Roland Burris to the U.S. Senate, and Burris, the state's former attorney general, should be allowed to take the seat vacated by President-elect Barack Obama. Senate Democrats are on weak constitutional ground in trying to deny a seat to a properly selected individual. Their claim to the power to exclude a lawfully chosen senator could create a dangerous precedent.

	[Eugene Volokh, January 6, 2009 at 2:15pm] Trackbacks Surely a Sign of the Apocalypse: Erwin Chemerinsky and I agree on something. In Dean Chemerinsky's words, Like it or not, Illinois Gov. Rod R. Blagojevich has the legal authority to appoint Roland Burris to the U.S. Senate, and Burris, the state's former attorney general, should be allowed to take the seat vacated by President-elect Barack Obama. Senate Democrats are on weak constitutional ground in trying to deny a seat to a properly selected individual. Their claim to the power to exclude a lawfully chosen senator could create a dangerous precedent.