It appears that the US Senate race to replace Trent Lott in Mississippi will be taking place sooner than expected - if Judge Bobby DeLaughter's ruling stands.
Judge: Special election should be within 90 days
Judge DeLaughter had been assigned the case to decide whether Mississippi law would allow Lott's replacement, Congressman Roger Wicker to be up for election in either November of 2008 (which would benefit him) or in a Special Election in March 2008 (which would benefit the Democrats).
His decision, while likely to be appealed, would possibly give the Democrats a 52nd US Senate seat - and a Senate not beholden to Joe Lieberman's beck and call.
Here's a recap:
November 26th, 2007: Trent Lott shocks the political world by announcing he would resign his Senate seat before December 31st, "in order to spend more time with my family". In fact, having resigned his seat on December 26th, he is now creating a lobbying firm with ex-Senator John Breaux on Capitol Hill. By resigning before the end of 2007, Lott avoids having to wait 2 years to become a lobbyist after leaving office, as per new ethics law passed a few months before.
December 29th, 2007: Republican Governor Haley Barbour announces that he will appoint Congressman Roger Wicker (R - MS-01) to Lott's seat. Barbour also issues a proclamation announcing a Special Election for Lott's seat, coinciding with the November 2008 General Election. The filing deadline is as of yet undetermined.
That same day, Attorney General Jim Hood (a Democrat) takes Barbour to court, stating that Mississippi law calls for a Special Election for any Federal vacancy (including a Senate seat) within 90 days of the vacancy. An example of this was in 1947, when John Stennis won a Special Election for the Senate seat of a recently deceased Senator (I believe it was Pat Harrison, a openly racist segregationist, but don't quote me). That election was held within 90 days of Harrison's death.
The issue at hand, in reality is not legal (the law is on Hood's side, as Judge DeLaughter ruled today) but political. If Senator Wicker (which he now is, regardless of the date of the election) is to face election in March of 2008 (according to the law), then the Democrats would be able to concentrate solely on the US Senate race, both nationally and statewide. There would be no Presidential race on the ballot to help Wicker, as the GOP nominee is likely to carry the state in November (barring some 1964-style Democratic landslide). With the DSCC having far more cash available for their campaign efforts, there is every reason to believe that Wicker would be outspent, and face a runoff with either Ronnie Musgrove (the former Governor) or Ronnie Shows (a former Congressman), both Democrats.
Wicker stands a much better chance of avoiding a runoff (50%, according to MS law for a Special Election) in November than in March. This is why Governor Barbour called for the election in November, despite (probably) knowing that he was pulling a "fast one" on the Mississippi electorate. Thankfully, Attorney General Hood is a loyal enough Democrat (i.e. not a DINO) to stand up to Barbour and take the decision to court.
Where do we go from here? We can expect Barbour to appeal the decision to a higher court (I'm guessing the MS Supreme Court, but I'm not sure), but whether the decision will stand or not is unknown. As I said, it's not a legal, but a political question at heart, and as we saw in Bush vs. Gore in 2000, politics will trump the law when push comes to shove.
All the same, it is good news for Mississippi (and the nation)if Wicker faces a Special Election in March. Kudos to Judge DeLaughter for following the law, and for Attorney General Hood for making Haley Barbour accountable.
A side note: Should Wicker ultimately lose in a runoff (either to Musgrove or Shows), then the Democrats would gain a US Senate seat. In theory, this would enable them to replace Joe Lieberman (who has essentially abandoned the Democratic Party) on his US Senate Committees, as his vote alone would not give the GOP control of the Senate again. And while Musgrove and Shows are conservative Democrats, neither is a DINO.