Another problem reaching 60 votes is that we have two very old and sick Senators, both of whom would normally be a reliable vote for health care reform. Neither have been making it to the Senate for votes lately, and both really ought to resign. From a tactical point of view, it's more straightforward for Senator Byrd from West Virginia. They've got a Democratic governor, and their law for replacing Senators is a simple appointment.

For Kennedy, it's more complicated. Massachusetts also has a Democratic governor, but when Kerry was running for president and Mitt Romney was governor, the Democratic state legislature changed the law from an appointment to an election held 5 months from the resignation to prevent Romney from appointing a Republican if Kerry won. That would leave a vacancy in the Senate during this critical time.

Kennedy is now asking the state legislature to change the law back. It's a pretty clear abuse of power, in my opinion.