This is just too easy to call.
Congress is not in session so there is no vacancy. When they reconvene, the vacancy exists (less than 2.5 years)
Yup, except for the part about spending the recess back home with their constituents. Even during the recesses, they are still Senators. Remember how much fun last year's August recess was with all the town halls? Why deprive West Virginians of their equal suffrage during this August recess?
Let them send a signal to Washington with their vote for a replacement. I'd think the MSM would love the chance to write stories about how this election is a foreshadowing of what will happen in November.
Except that maybe the MSM doesn't want that. Maybe they want to use the summer rehabilitating the Democrat brand before November, and don't want a pesky special election to get in the way of that story.
Congress is not in session? Why are we having confirmation hearingis for Elena Kommie Kagan?
If Byrd were alive, then his term would end in just over 2 1/2 years. It seems to me that the law was enacted to cover, the “term,” and not whether or not Congress was in session. To argue that there is no vacancy, is to argue that Byrd is still alive. In an honest society, a special election would be scheduled immediately. And as it has been posted, a Senator doesn’t cease to be a Senator while Congress is in recess. To me, someone ceases to be a Senator during recess either by resignation or death. One of those two now applies.