Dec 31, 2008 10:44 pm US/Central
Burris Goes To Court Over Appointment
CHICAGO (CBS) ―
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Roland Burris, a former attorney general, expressed his desire to fill president-elect Barack Obama's vacant Senate seat.
CBS
U.S. Senate appointee Roland Burris has asked a court to force Secretary of State Jesse White to certify his appointment to Barack Obama's old Senate seat. Burris' attorney says they will fight to the bitter end.
An attorney for Burris said they filed paperwork Wednesday with the Illinois Supreme Court.
It's the start of legal wrangling over the seat that embattled Illinois Gov. Rod Blagojevich filled by naming Burris.
The move comes after White rejected Blagojevich's proclamation naming Burris to the Senate.
White said he wouldn't sign off on appointments by Blagojevich, who was arrested earlier this month on federal corruption charges. The governor says he's innocent.
White spokesman Dave Druker said they had not reviewed the court filing, but the state agency believes it is acting within its authority.
Burris' attorney Timothy Wright told CBS 2 Wednesday that he expects the Supreme Court to act on their lawsuit by the end of the week. He expects Burris will eventually be the official appointee.
"The bottom line, he has a right to be sworn in," Wright said. "If we are denied that right then we will deal with that denial in the proper court.
When asked how far he was willing to take it, Wright said, "I think all the way."
But Democratic leaders in the Senate, including Illinois' Dick Durbin, plan to "checkmate" Burris' every move. They believe this appointment is tarnished by Governor Rod Blagojevich, who is facing a slew of corruption charges.
The Associated Press contributed to this report.
(© MMIX, CBS Broadcasting Inc. All Rights Reserved.)
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