Mark Tushnet, professor of law, on Powell v. McCormack, a Supreme Court decision that would make it nearly impossible for the Senate to deny Roland Burris, the appointee of Illinois Gov. Rod Blagojevich, the Senate seat vacated by President-elect Barack Obama. Many members of the Senate want to deny Burris the seat because of the federal charge that Gov. Blagojevich tried to sell the Senate seat to the highest bidder:

Powell doesn't deal with the fairness of an appointment. It might be they can say that the questions about the integrity of the process are so serious that we'll deny a seat.