Chicago Area Local News

CHICAGO (CBS) ― If Gov. Rod Blagojevich thought that he was regaining the political high ground, or at least a little credibility, with fellow Democrats by appointing former Attorney General Roland Burris to the U.S. Senate, he was apparently mistaken. And CBS 2's Mike Parker reports that Blagojevich has hit a virtual brick wall of opposition to the move, from Illinois to Washington.

Sources on Capitol Hill tell CBS 2 Tuesday night the Senate will refuse to seat Burris. And a line in the Constitution does grant the Senate the right to reject the selection.

So what's next for Burris?

Illinois Secretary of State Jesse White, who must formally approve the appointment, says he won't do it, though he admires Roland Burris.

"He's a gentleman of impeccable credentials," White said. "However, I'm standing by my previous statement that I will not certify any recommendation coming from the governor's office."

White added, "I'm not a rubber stamp. I'm also the keeper of the seal of the State of Illinois."

That alone prevents the Senate from swearing in Burris on January 5.

But what if White changes his mind, or if Burris tries to force a vote on the floor of the U.S. Senate?

More drama. A sergeant at arms would physically bar Burris from entering, sources say. This happened once before, for a week, back in the late 19th Century.

What's most likely to occur in the Senate is a vote to halt Burris' seating "pending the outcome of an investigation into the propriety of his appointment" by the Senate Rules Committee. That investigation will likely have a 60-day period limit.

"What we saw today was an act of political defiance where he is going to try to have his way despite the fact that the Senate Democratic Caucus has stated clearly that it will not seat his choice for the position," Sen. Dick Durbin said.

Lt. Gov. Pat Quinn said Blagojevich has "unclean hands."

"This provocative action is an insult to the people of Illinois," Quinn said after Blagojevich's announcement Tuesday afternoon.

"Roland Burris has been a friend of mine for 36 years. I've known him, he is a good man," Quinn added. "But I think he made a mistake today in accepting an appointment from a person such as Rod Blagojevich."

North Shore Congresswoman Jan Schakowsky, who had been considered for the appointment, says she would not have taken it given the criminal charges against the governor.

"I don't want to second guess Roland Burris but I would not have. I do believe that now the whole process has been tainted sufficiently that it doesn't make any sense," Schakowsky said.

The coup de grace to this scheme may have come from President-elect Barack Obama. While praising Roland Burris, Obama also said he agreed with the Senate Democrats who are pledging to refuse to seat anybody appointed by the governor.

Sources say leaders in Springfield have assured Senate leaders that Blagojevich will be impeached and out of office by Valentine's Day.

The Senate can then label the Burris pick null and void, leaving Illinois' next governor, Lt. Gov. Quinn, to select Obama's replacement. Sources say that person would be sworn in immediately.

Constitutional law professor Dawn Clark Netsch tells CBS 2 this appointment could likely be the subject of many lawsuits, one arguing the governor had to appoint a senator thus mandating Jesse White certify the appointment, and others questioning the U.S. Senate's grounds for refusing to seat Burris.

Certainly there will now be immense political pressure on Quinn to make that replacement an African-American.

What remains to be seen, however, is whether Blagojevich is ready to fight this all the way to the Supreme Court.

CBS 2's Mike Parker and Political Producer Ed Marshall contributed to this report.

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