Burris, legal team considering lawsuit as next step

Will Roland Burris ever become Illinois' next U.S. senator?

U.S. Senate leaders -- after seeming to warm to Burris at midweek -- now are casting doubt on chances the former Illinois attorney general will get President-elect Barack Obama's vacant seat.

Burris and his legal team aren't backing down. As soon as Monday, they are considering filing a lawsuit in Washington to force Senate leaders to admit him.

Here's a breakdown of what's happened and what's next:

Q.The Illinois Supreme Court said Burris should be allowed to take office. So why can't he?

A.The court ruled Friday that Burris doesn't need a signature from Illinois Secretary of State Jesse White on his nominating certificate from Gov. Blagojevich, who has sole authority to fill the seat and who faces charges that accuse him of, among other things, trying to sell the Senate vacancy to the highest bidder. Despite the court ruling, Senate leaders say their rules still bar Burris from being seated.

"It isn't just a question of whether Illinois law is met . . . but whether or not the actions taken are sufficient for a person to be appointed to fill a vacancy under the rules of the United States Senate," Sen. Dick Durbin (D-Ill.) said. "If you look at the previous certifications for 125 years, they all include a signature that's missing from this appointment."

Q.What will Burris' lawyers do?

A.They're going to try again Monday to present his credentials to the Secretary of the Senate. Expect Burris to be rejected. His legal team -- headed by Chicago lawyer Timothy Wright -- then is expected to file suit in Washington to have Burris ordered seated as soon as possible. But Illinois could be left with only one U.S. Senator for weeks, even months.

Q.Could Lt. Gov. Pat Quinn calm this storm?

A.Maybe. If Blagojevich is removed from office after his impeachment trial, Quinn would seem to have the authority to appoint a senator. If he named Burris, Senate leaders probably would go along and would be able to say then that Burris' appointment no longer had the taint of coming from Blagojevich.

Q.What if Quinn didn't pick Burris?

A.Probably more litigation. It's possible Illinois could end up having Quinn's pick seated in the Senate at the same time Burris is still suing to get in.

Q.Would Obama try to broker a solution?

A.From a political standpoint, it probably isn't wise for Obama to go drawing more attention to the Blagojevich-Burris circus. Asked about Obama's role now, Durbin said Friday, "Barack is following this."