Politics

CHICAGO (CBS) ― Casting doubt over the future of Roland Burris' seat in the Senate, U.S. Sen. Dick Durbin said Friday that Burris won't be seated without a signature from Secretary of State Jesse White.

The Illinois senator made those comments following a pivotal state court decision on the issue. The development also comes after the House voted to impeach Gov. Rod Blagojevich.

Durbin indicated the Senate may suspend the matter of appointing a successor to President-elect Barack Obama until after Blagojevich's impeachment trial.

"There has never in the history of the Senate been a waiver of the requirement that the secretary of state's signature be part of the appointment process -- never," Durbin, the Senate's second-ranking Democrat, told a news conference.

Attorneys for Roland Burris said Friday, if necessary, they'll go to federal court in an attempt to compel the U.S. Senate to give him Barack Obama's old seat.

The Illinois Supreme Court on Friday ruled that the Illinois secretary of state need not sign Burris' Senate appointment.

The court said nothing in state law requires White to sign the appointment. He was only required to register the paperwork from  Blagojevich, which White did.

"No further action is required by the Secretary of State or any other official to make the Governor's appointment of Roland Burris to the United States Senate valid under Illinois law,'' the nine-page opinion stated.

The ruling puts the Senate in a tight spot. Senate Majority Leader Harry Reid this week said Burris would be seated if White signed Burris' appointment. Blagojevich, who is facing federal corruption charges, appointed Burris to replace Obama in the Senate.

Durbin said if  White doesn't change his mind about signing, the Senate will wait to see if Blagojevich is removed from office. That would allow his replacement to make a new Senate appointment.

White issued a statement Friday afternoon, saying, "I want to be clear that I could not and will not in good conscious sign my name to any appointment made by Governor Rod Blagojevich to fill the senate vacancy. This governor was arrested in part for trying to sell this very same senate seat.

"I want to thank the Illinois Supreme Court for their ruling today. They have affirmed what Attorney General Lisa Madigan and I have maintained all along: that I have fulfilled my legal obligations to appoint Roland Burris to the U.S. Senate."

Roland Burris issued a statement on the Supreme Court ruling:

"Today the Illinois Supreme Court ruled that the Secretary of State's signature is not needed to validate my appointment to the U. S. Senate by the Governor. I am very happy that the Supreme Court ruled supporting our argument that everything surrounding this appointment was legal and complete. This appointment meets the qualifications required by the U.S. Senate of all Gubernatorial appointees to fill vacated seats.

"After addressing the Illinois House Special Investigative Committee yesterday affirming that there was nothing questionable surrounding my appointment by the Governor, I am confident I have cooperated with all the requests of the U. S. Senate and I expect they will validate my credentials and seat me in a timely manner. I am humbled by all the support I have received and look forward to getting to work addressing the important issues our state and nation are facing."

Burris attorneys said they'll go to Washington on Monday to show U.S. Senate officials the state Supreme Court ruling and other documents. They said they expect Burris to get the seat. But if not, Burris' attorneys say they'll go to federal court.

The U.S. Senate has never accepted an appointment without the secretary of state signature.

Blagojevich is accused of trying to sell the Senate seat to the highest bidder.

Read the State Supreme Court opinion.

The Associated Press  contribued to this report.