Roland Burris, the Illinois appointee to the U.S. Senate whose legitimacy to serve as a senator is being debated, said Tuesday his credentials were not accepted by the Senate and said his fight could go to the courts. At the same time, Democrats decided not to seat Minnesota Senate-elect Al Franken at the start of the 111th Congress.

During a press conference Tuesday, Burris said he presented his credentials to the Secretary of the Senate and was advised the credentials were not in order and would not be accepted. Burris said he was not permitted on the floor and is now consulting with his attorneys.

Timothy W. Wright III, an attorney representing Burris, said the Senate’s refusal to accept Burris' credentials is “against the law of this land” and said they are considering their options, including filing a lawsuit in district court.

Wright cited the famous 1803 case Marbury v. Madison, saying that once every act that is supposed to be taken by the executive is taken, then in effect, the appointment is made. Based on Marbury, Wright said the attorneys have determined Burris is the junior senator from the state of Illinois.

Ever since Illinois Gov. Rod Blagojevich announced Burris’ appointment as the junior Senator of Illinois to replace President-elect Barack Obama.  Democratic leadership has said Burris would not be seated because he was appointed by a governor who faces federal charges that he tried to benefit financially from his authority to name Obama’s replacement.
On Monday, Senate Majority Leader Harry Reid said Burris wouldn’t be permitted to take his seat because he hasn’t been certified by the state of Illinois.

During the opening of the 111th Congress, Reid said that Burris had a “gracious” meeting with the Secretary of Senate Nancy Erickson and Senate Parliamentarian Alan Frumin who let Burris know he didn’t have the necessary credentials from the State of Illinois.

“A court case in Illinois is pending to determine whether the Secretary of State, Jesse White, is obligated to sign the certification.  We are awaiting that court decision,” said Reid. “If Mr. Burris takes possession of valid credentials, the United States Senate will proceed in a manner that is respectful to Mr. Burris while ensuring that there is no cloud of doubt over the appointment to fill this seat.”

Reid noted that Burris could give testimony to Illinois State Assembly impeachment proceedings against Governor Blagojevich.

As for the Senate seat in Minnesota, while Reid said the race was one of the closest in history. Franken is the certified winner and is the Senator-elect from Minnesota, having upset incumbent Republican Norm Coleman by a margin of just over 200 votes out of more than three million cast.

“Democrats will not seek to seat Senator-elect Franken today. We understand the sensitivity on both sides to an election this close. This is a difficult time for former Senator Coleman and his family, and he is entitled to the opportunity to concede this election graciously. But we cannot let this drag on forever,” said Reid.