Judge Ponders GOP Objection To Senate Appointee Kirk

Just hours before Paul Kirk Jr. is to be sworn in as Massachusetts' interim U.S. senator, a  judge is considering whether to block his appointment.

The state's Republican Party argues that Gov. Deval Patrick overstepped his authority when he declared an emergency Wednesday so Kirk could immediately go to Washington.

"It's a rogue governor trying to skirt the will and intention of the Legislature and the voters in Massachusetts," said GOP chairwoman Jennifer Nassour.

The judge has promised a decision before noon Friday. Vice President Joe Biden is slated to swear in Kirk about 3 p.m. in the Capitol.

Kirk is a longtime Kennedy family friend who first went to Washington in 1969 as an aide to the late Sen. Edward M. Kennedy. He later became chairman of the Democratic National Committee and was once a lobbyist for two pharmaceutical companies.

Once sworn in, Kirk would start work immediately and serve until Massachusetts voters elect a permanent successor in a special election Jan. 19, 2010.