Politico has a noteworthy take on how the Democrats lose the vote of Interim Senator Paul Kirk tomorrow, regardless of who wins the Massachusetts special election:

Conservative commentator Fred Barnes is arguing that Kirk will lose his vote in the Senate after Tuesday’s special election, no matter who wins, signaling a possible GOP line of attack against health reform if it passes with Kirk’s vote.

“Appointed Senator Paul Kirk will lose his vote in the Senate after Tuesday’s election in Massachusetts of a new senator and cannot be the 60th vote for Democratic health care legislation, according to Republican attorneys,” Barnes, the Weekly Standard’s executive editor, wrote on the conservative magazine’s website Saturday night. “Based on Massachusetts law, Senate precedent, and the U.S. Constitution, Republican attorneys said Kirk will no longer be a senator after election day, period.”

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