At this point, it seems likely there will be at least one future lawsuit provided that Scott Brown wins - which seems more and more likely, even Intrade is selling Brown at about 75 a share now - I'm not talking about the obvious suits to count and recount over and over if the totals are close, but something special -
How likely is it that Senator Kirk will sue to keep his appointed seat until the end of his term ?
Technically, there is very little stopping him, and the Constitution makes no provisions for the deal he has - members of congress are to serve the term elected ( or appointed to ) until the end of their term, death, retirement, or removal from office. There is no "will serve until a candidate is elected in a special state election' clause anywhere.
Kirk could sue to keep the seat.
Yes, he will lose.
Yes, he will never work anywhere in politics again.
Yes, it will cause Tea Partier's nationwide to revolt.
But Kirk is a friend of the Kennedy's, and if he falls on his sword, they will keep him very comfortable for his remaining days.
Attempting to sue is his right - he won't get in legal trouble for it. If he does, the suit could carry on for years, long after Scott's term comes and goes.
Of course, this is just speculation on my part - I just happen to see the very real possibility for dirty pool here. - And when has a Democrat not stooped to that level if they felt they could benefit from it ?