I think the U.S. Senate will have no choice but to seat Roland Burris as the new Senator from Illinois.
As distasteful as it may seem, Rod Blagojevich is still the governor of Illinois - innocent until proven guilty - and now it looks like it may be another couple of months before we even know if an indictment will be handed down. In the meantime, the rules say that Blago gets to make the Senate appointment. There is nothing in the law that says the Illinois Secretary of State has to approve of the choice, so this business of him not certifying the paperwork seems kind of silly. If he won’t do his job, the governor will just find someone else who will.
And on what grounds could the leadership in the U.S. Senate block Burris from being seated in the chamber? He is in no way implicated in the scandal swirling around Blago. All things considered, he seems to be a pretty good choice. So I think the courts will ultimately rule in his favor.
Blago pulled a fast one and it looks like he will get away with it. He is still going to be impeached and possibly indicted and could end up serving prison time along with his immediate predecessor. But for now he has demonstrated that he can still play politics and the only thing his critics can do is bluster.