Can Massachusetts Do That?

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Tuesday, September 1, 2009

While I agree with the thoughts expressed in the Aug. 29 editorial "Filling a Void," it did not get to the most relevant issue regarding filling the U.S. Senate vacancy created by the death of Sen. Edward M. Kennedy (D-Mass.).

So Massachusetts law calls for a special election, but Democrats want to change the law to allow the governor to name an interim senator. How can it be appropriate to change the legal mechanism for filling a vacancy after that vacancy has occurred? Wouldn't this be a variation of an unconstitutional "ex post facto" law, since the process would be changed retroactively -- after the action that triggers that process has taken place?

SCOTT TATE

Arlington



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