Paul Kirk, Longtime Kennedy Friend, Will Take Late Senator's Seat

Kirk, 71, is a Cape Cod lawyer who worked for Kennedy in the Senate for eight years and went on to head the Democratic National Committee. As a close Kennedy associate, he serves as chairman of the John F. Kennedy Library Foundation. In accepting the appointment, he said that seeing an interim successor to his seat was Ted Kennedy's "last public wish," and added, "It is a profound honor and I accept it with sincere humility."

Today's announcement comes after a controversial process in which the Massachusetts Legislature changed an existing law that called for a special election to fill a vacant Senate seat. That process would have left the position vacant for five months, including the time when the Senate will consider health care reform. Although Massachusetts governors once had the power to appoint Senate replacements, the state's Democratic Legislature moved to strip Republican Gov. Mitt Romney of the choice when it looked as though Sen. John Kerry could win the 2004 presidential election.

During his remarks, Patrick said, "Congress is debating our future right now. . . . The issues in Massachusetts and the nation are simply too important to be one vote short" in the Senate. He called Kirk "a close and loyal adviser and confidant to Senator Kennedy" and someone who shares Kennedy's sense of service. Both Kirk and Patrick made clear that Kirk will not run for the seat when a special election takes place Jan. 19.

In an unusual twist, because the state constitution stipulates that new laws cannot become official for 90 days, Patrick had to declare a state emergency Thursday to make Kirk's nomination effective immediately.

Kirk's appointment theoretically gives Senate Democrats a full slate of 60 voting members, counting the two Senate independents who caucus with them. However, Sen. Robert Byrd (D-W.Va.) was rushed to a Washington-area hospital this week after a fall at his home, and is expected to remain hospitalized for several days. Byrd's fragile health has kept him away from most votes in the Senate, although he did make the trip to the Capitol to cast a vote in favor of Sonia Sotomayor's nomination to the Supreme Court.

Kirk said he expects to be sworn into the Senate as early as Friday.

In a statement, President Obama said he is "pleased" about Kirk's appointment. The Kennedy family also released a statement, saying that given Kirk's shared commitment to the issues Kennedy cared about, "nothing could be more appropriate than for Paul to carry on that fight."