Battle continues for Kennedy successor

Paul Kirk will be sworn in as a temporary replacement for Ted Kennedy in the Senate on Friday, if all goes right. The fight surrounding the seat continues, as Republican lawmakers are trying to block the governor’s appointment.

Governor Deval Patrick made the announcement on Thursday that former Democratic Party Chairman and longtime Kennedy aide Paul Kirk would fill the Senate seat until the special election.

Typically laws that are passed do not go into effect for 90 days, but the Governor declared an emergency that would allow the law to take effect immediately.

Republican lawmakers are arguing that the governor does not have the constitutional authority to do that. They filed an injunction in Suffolk Superior Court that will be heard Friday morning.

Assistant Attorney General Peter Sacks has moved to dismiss the case. He said in a court filing that Gov. Patrick was within his authority to appoint Kirk, and make the appointment effective immediately. He says a judge hearing the case cannot delay Patrick because of the separation of powers principle in government.

The appointment is a win for President Obama. It gives him the 60 senate votes he needs to pass his healthcare overhaul plan.

Kirk said he will not be a candidate for the special election on January 19.