I keep hearing it bandied about that Jack Markell could be the one to appoint the next Senator. This must be wishful thinking, because I can forsee no possible that he makes the appointment. It all has to do with timing.
Joe Biden’s term as Vice President of the United States begins on January 20, 2009, about ten minutes before noon.
Ruth Ann Minner’s term as Governor of Delaware ends at noon on January 20, 2009. Thus, logic dictates that Jack Markell’s term as Governor of Delaware does not begin until noon on January 20, 2009.
Joe Biden cannot hold two offices in different branches of government at the same time (yes, the Vice President is under the Executive Branch, Cheney!). In fact, it is illegal. Thus, he must resign as Senator before he takes the oath of office before noon on January 20, 2009.
Since he is resigning before noon on January 20, 2009, guess who is Governor of Delaware?
RAM.
The only way Jack gets to appoint is if Biden does in fact resign as Senator literally the second before he takes the oath of office as Vice President, and then Minner has no time to appoint someone or chooses not to. That could happen but I do not find it likely, given the backroom dealing nature of Delaware politics. Over the next sixty days, Joe Biden, Ruth Ann Minner and Jack Markell will have a conversation, either together or separately. It will all be worked out.
If I were to guess, Biden resigns sometime in January, well before the Inauguartion. And I think Minner will make the appointment.
Now the question is …. who?