Immediately following the expulsion, Governor David Paterson called a special election for March 16th, to fill the vacant seat. Two days later Monserrate filed in federal court for an injunction to halt the special election, and asking that his expulsion be voided on Constitutional grounds.
Today, that injunction was denied. According to the opinion issued by District Court Judge William Pauley, “The question of who should represent the 13th Senatorial District is one for the voters, not this court.”
I like Liz Benjamin's less lawyerly, but no less accurate, synopsis of the Judge's opinion. “In short, Pauley to Monserrate: You want to keep your seat? Run for it.”
The bottom line is - Monserrate was legally expelled.
However, nothing prohibits ex-Senator Monserrate from running in the special election to fill the seat he won little over a year ago. The interesting question is - how does the Senate react if he runs in the special election and wins?
From The Bully Pulpit - Tom
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