Kennedy Replaced in Senate, Democratic Chances at Health Reform Improved

Massachusetts is sending a temporary replacement into the Senate seat vacated by the death of Sen. Edward Kennedy. Gov. Deval Patrick, with the legal backing of a freshly passed state law, chose Paul G. Kirk Jr., former chairman of the Democratic National Committee and friend of Kennedy.

The loss of Kennedy, whose health reform bill was the first passed by any congressional committee in this session, was a significant blow to both the health care debate's leadership and to the practical math of Senate voting. It brought the total number of votes that could likely be marshaled by Democrats to 59 -- one shy of the 60 it would need to beat a potential Republican filibuster. This move puts the Democrats back to 60, though it can't be assured unconditional support from some moderates and independents.

The Democrats' favored legislation is represented by four of five health reform proposals that have passed committees. All four include the government-run insurer, an idea strongly criticized by the insurance industry. The fifth bill is being marked up in the Senate's Finance Committee and does not include the so-called "public option."

Though Massachusetts had recently changed its laws to disallow governors to appoint congressional replacements, it changed them back again to allow the Democratic governor, Patrick, to send a second member to the Senate on an interim basis. A subsequent special election will choose the more permanent replacement at the start of 2010.

"For the next few months, he will carry on the work and focus of Sen. Kennedy, mindful of his mission, his values and his love of Massachusetts," said Patrick in a statement.

Sen. John Kerry, the state's other Democratic senator, said, "Gov. Patrick found the person for this moment, and I believe he did what was in the best interests of the people of Massachusetts." Kerry called it a "caretaker appointment."

Kirk, who decades ago worked on Sen. Kennedy's staff, is also chairman of the board of directors for the presidential library of John F. Kennedy. He has reportedly said he won't run in the special election.