I think Jeff is probably right. Blago has not been indicted, he has not been impeached and he is not mentally unfit he is therefore the duly elected governor and has a constitutional right to name anyone he likes barring proof of a criminal act by the one being appointed.. If he does name this guy it will end up in the USSC and I have a feeling that the court will side with the Governor.Some people are wondering if the Senate has the power to refuse an appointment like this, one being Jeff Greenfield of CNN.
Prediction: He'll be seated
The Senate has already clearly indicated their willingness to fight Blago's appointment. If they back down now, they run the all-to-public risk of appearing spineless.

I feel sorry For Burris.
I feel sorry For Burris. He's actually not a bad pick for a two year stint.
The comments that while he was attorney general he apparetnly did nothing about the incredible level of corruption in Illinois poltics has to be held against him
But I hope we cal all agree that the playing of the Race Card is truly reprehensible?
I disagree...
My Prediction:
I think Burris will last in the Senate for about a millisecond before he's booted.
The only way he has a chance in hell is if he promises..and keeps the promise..to only serve as a caretaker until 2006 or a special election is held.
So you agree with me. He will be seated. I said nothing about what might happen after that.
I think Burris will last in the Senate for about a millisecond before he's booted. The seat will then remain empty until after Blago is impeached. Lt. Gov. Pat Quinn will then appoint another black person to the open Senate seat. Problem solved.
Senate Democratic leaders plan to grant few if any privileges next week to Roland Burris, the man picked by Illinois Gov. Rod Blagojevich to represent the state in the Senate, even if Burris arrives on Capitol Hill with the proper credentials.
Senate officials involved in the tangle of legal and logistical planning said Friday that a Democrat will object to Burris being duly sworn with the rest of his class and will propose that his credentials be reviewed for a period of time by the Rules Committee.
That would give Burris the status of a senator-elect to the seat vacated by President-elect Barack Obama in the juiciest of several dramas swirling around open Senate seats days before the 111th Congress convenes.
Senate Democrats are slow-walking Burris' appointment because they hope Blagojevich will be removed from office before the Rules Committee completes its investigation. ...
Secretary of the Senate Nancy Erickson has rejected Roland Burris' appointment to the Senate, an aide to the secretary told CNN.
Erickson rejected Burris' appointment because his certificate of appointment was missing the signature of Illinois Secretary of State Jesse White, the aide said Monday. Rule 2 of the Standing Rules of the Senate states that the secretary of state must sign the certificate of election along with the governor.
White has declined to sign the certificate, siding with some Senate Democrats who say Burris should not be seated because of the cloud over Illinois Gov. Rod Blagojevich, who is accused of trying to sell President-elect Barack Obama's Senate seat. ...

Interesting new wrinkle...
Secretary of Senate rejects Burris, aide says
Whoops. That's not something I anticipated. I wonder what this means for future litigation? Would this put it at the state level or federal level in the judiciary?