Massachusetts House approves bill allowing governor to fill vacant US Senate seat News
Massachusetts House approves bill allowing governor to fill vacant US Senate seat

[JURIST] The Massachusetts House of Representatives voted 95-58 [roll call] Thursday in favor of a bill [text, PDF] to allow the governor to appoint a temporary replacement for the late Edward Kennedy (D-MA) on the US Senate [official websites]. The bill would allow Governor Deval Patrick [official website] to appoint an interim senator to serve until a special election scheduled for January 19. The bill originally included a provision requiring that the appointee be of the same party as Kennedy, but that provision was removed [Boston Globe report] after strong Republican opposition. The bill will now go before the Massachusetts Senate, where supporters hope it will be approved next week.

Kennedy passed away late last month, leaving his Senate seat vacant. Democrats hope to fill his seat with another Democrat as soon as possible in order to regain 60 seats, making them filibuster-proof. This is viewed as particularly important in the ongoing health care reform debate.

THIS DAY @ LAW

Anti-apartheid activist Stephen Biko died in police custody

On September 12, 1977, South African anti-apartheid activist Stephen Biko died in police custody after having suffered a massive head injury during interrogation following his arrest. The story of journalist Donald Woods' investigation into the circumstances of Biko's death was the basis of the 1987 film Cry Freedom.

Read an address on Stephen Biko delivered by then-South African President Nelson Mandela on the 20th anniversary of Biko's death in 1997.

Supreme Court unanimously rejects state challenge Brown v. Board of Education

On September 12, 1958, the Supreme Court unanimously rejected a state government challenge to Brown vs. The Board of Education of Topeka Kansas, which had overturned segregation. In Cooper vs. Aaron, the State Government of Arkansas challenged the authority of the Court to implement desegregation. The Court responded by forcefully re-asserting its authority and the authority of the federal government over the states.