I suppose between the thrill of the Saints-Vikings game over the weekend and the audible thud of the President’s State of Confusion “lecture”, one very under reported, but very important news item has slipped by.

WHY THE HELL IS MARK KIRK STILL CASTING VOTES IN THE SENATE?

Massachusetts law is quite clear on this issue. When Brown won the special election last week, he was to be sworn in ASAP and Kirk was banned from voting in the Senate, starting the the day after the election.

From the Weekly Standard:

But in the days after the election, it is Kirk’s status that matters, not Brown’s. Massachusetts law says that an appointed senator remains in office “until election and qualification of the person duly elected to fill the vacancy.” The vacancy occurred when Senator Edward Kennedy died in August. Kirk was picked as interim senator by Governor Deval Patrick.

Democrats in Massachusetts have talked about delaying Brown’s “certification,” should he defeat Democrat Martha Coakley on Tuesday. Their aim would be to allow Kirk to remain in the Senate and vote the health care bill.

But based on Massachusetts law, Senate precedent, and the U.S. Constitution, Republican attorneys said Kirk will no longer be a senator after election day, period. Brown meets the age, citizenship, and residency requirements in the Constitution to qualify for the Senate. “Qualification” does not require state “certification,” the lawyers said.

Now, compare that to this item. Look at the date of the story of this item from FOX News re: Niki Tsongas: (Hat Tip to Lan Astaslem at Michele Malkin)

Thursday, October 18, 2007

WASHINGTON — Democrat Niki Tsongas cast her first House vote Thursday on an issue that helped propel her into Congress: expanding a children’s health insurance program.

The election itself was held on the 16th of that October.

And please do not give me any “House vs. Senate” rules claptrap. Brown was duly elected, and by MA law, was to be duly sworn in to REPLACE the current occupant of that seat, Kirk. Not sit around like a stranded tourist, hoping someone would give him directions to the Dirksen building.

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