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After Senator’s Death, Uncertainty Abounds; Is Judicial Nominee a Possible Replacement?

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A West Virginia lawyer who has been nominated for a federal judgeship is careful in addressing speculation that he could be appointed to replace West Virginia Sen. Robert Byrd, who died Monday at the age of 92.

Former state Democratic Party chairman Nick Casey told the Washington Post blog The Fix that he was “not comfortable” commenting on the possibility of the appointment since he is being considered for a judgeship. Casey is also a member of the ABA Board of Governors.

Democrats and Republicans disagree whether West Virginia law calls for a special election this November or in November 2012, but either way Democratic Gov. Joe Manchin will get to make the appointment, the story says. Manchin has said he won’t appoint himself, but many believe he will run in the special election.

Other names surfacing in press accounts as possible successors include Manchin’s wife, Gayle; current party chairman Larry Puccio; state Senate President Earl Ray Tomblin; former governor Gaston Caperton; and former governor Bob Wise. See stories by Newsweek, the Charleston Gazette, the State Journal and Politics Daily.

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