an unanticipated consequence of
Jack M. Balkin
Jack Balkin: jackbalkin at yahoo.com
Bruce Ackerman bruce.ackerman at yale.edu
Ian Ayres ian.ayres at yale.edu
Mary Dudziak mary.l.dudziak at emory.edu
Joey Fishkin joey.fishkin at gmail.com
Heather Gerken heather.gerken at yale.edu
Abbe Gluck abbe.gluck at yale.edu
Mark Graber mgraber at law.umaryland.edu
Stephen Griffin sgriffin at tulane.edu
Bernard Harcourt harcourt at uchicago.edu
Scott Horton shorto at law.columbia.edu
Andrew Koppelman akoppelman at law.northwestern.edu
Marty Lederman marty.lederman at comcast.net
Sanford Levinson slevinson at law.utexas.edu
David Luban david.luban at gmail.com
Gerard Magliocca gmaglioc at iupui.edu
Jason Mazzone mazzonej at illinois.edu
Linda McClain lmcclain at bu.edu
John Mikhail mikhail at law.georgetown.edu
Frank Pasquale pasquale.frank at gmail.com
Nate Persily npersily at gmail.com
Michael Stokes Paulsen michaelstokespaulsen at gmail.com
Deborah Pearlstein dpearlst at princeton.edu
Rick Pildes rick.pildes at nyu.edu
Alice Ristroph alice.ristroph at shu.edu
Neil Siegel siegel at law.duke.edu
Brian Tamanaha btamanaha at wulaw.wustl.edu
Mark Tushnet mtushnet at law.harvard.edu
Adam Winkler winkler at ucla.edu
One of the most exciting Senate races this year is in Massachusetts between Senator Scott Brown, who won Ted Kennedy's seat in a 2010 special election, and Elizabeth Warren, the former Harvard Law professor. I can't help but wonder, though, whether this election matters.
What am I talking about? If President Obama is reelected, Hillary Clinton insists that she will step down as Secretary of State. Who is the leading candidate to replace her? None other than Senator John Kerry of Massachusetts (who gave the "foreign policy" speech at the DNC). If Senator Kerry is confirmed to the Cabinet, there will have to be a special election to replace him (Massachusetts only lets the Governor appoint an interim Senator for a short period of time).
This means, oddly enough, that Warren and Brown may both end up in the Senate. If Warren wins in November, Brown has an excellent chance to win a special election next year. If Brown wins, Warren could be appointed to Kerry's Senate seat and then run and win the special election. This may explain why they are not encouraging negative ads against each other. Posted
by Gerard N. Magliocca [link]
How Brown got there suggests nothing's guaranteed, but that is a bit quirky, huh?
Mark- thanks for stating the blindingly obvious, thereby forcing me to battle the robot guards to point out the equally obvious- there would still have to be a special election which could result in flipping the Senate. Hence my use of the word "might."
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