FWIW:
http://www.cnn.com/2010/POLITICS/06/28/robert.byrd.mourning/?hpt=Sbin
West Virginia law fails, however, to state exactly when a vacancy occurs. Whether the vacancy is considered to have been created at the moment of Byrd’s death, when the Senate informs state officials of the vacancy, or when Manchin declares the seat vacant will be crucial.
“West Virginia law fails, however, to state exactly when a vacancy occurs. Whether the vacancy is considered to have been created at the moment of Byrds death, when the Senate informs state officials of the vacancy, or when Manchin declares the seat vacant will be crucial.”
They can say what they want; when the man is dead, his seat is vacant. There can be no denying that, there can be no legal contortion that can change that.
Weekend at Bernie's
It's quite possible that Byrd will be able to cast a vote for Kagan's confirmation. The Senate Clerk will use a Ouiga Board.
Arwn’t laws so messy when a Dem looks at them?
ROFLMAO.
Byrd Is Dead and probably looking for a drink of ice water by now. But the State of WV not exactly sure when his seat will become vacant.