Tonight, the Fighting Gators of the University of Florida (UF) meet the Sooners of the University of Oklahoma (OU? Why isn't it UO?) for the BCS college football championship. The winner of this game will be voted number 1 in the Coaches Poll (the coaches of Texas and Utah have stated they will not follow the rules of voting (which they agreed to) and will vote their teams number 1, hopefully this leads to the end of the Coaches Poll, which is a travesty of conflict, even though it will not change the result of the poll) and likely the AP Writers' Poll.

What to expect tonight? If you care about this game, you already know that Oklahoma scored over 700 points this year, averaging 54 points and 540 yards of offense per game. Florida was not shabby on offense, averaging 45 points and 445 yards per game. Florida's defense was much much better than Oklahoma's during the season, both in terms of points and yards allowed. More . .

Remember Dr. Jan Adams, the plastic surgeon who operated on Kanye West's mother the day before she died?

Adams was sentenced to a year in jail yesterday following his guilty plea to misdemeanor drunk driving. Why so much time? It was his third D.U.I. and he was still on probation for one of them when he caught the last one. (Medical examiner board complaint here (pdf.) Despite the board's recommendation that his license be suspended due to the alcohol offenses, it appears when his license was suspended this June, it was for failure to pay child support. His ex-wife got a restraining order against him alleging spousal abuse.

Adams asked to begin serving the sentence immediately.

Your turn.

Update (TL): I've been gone all day, I'm just catching up now. Today's headlines seem like the same as yesterday's to me so right now I have nothing to add. What am I missing?

One new story: Chris Matthews decided against running for the Senate.

. . . has not been my fate. I do it for free. On the other hand, Rick Reilly gets paid for it:

Some gifts people give are pointless: Styling mousse to Dick Vitale. An all-you-can-eat card to Kate Moss. The BCS Championship given to Oklahoma or Florida. It means nothing because the BCS has no credibility. Florida? Oklahoma? Who cares? Utah is the national champion. The End. Roll credits.

More . . .

HuffPo reports that Senate aides are saying that President-Elect Obama reversed his view on the seating of Blago appointee Roland Burris and recommended to the Dem Senate caucus that Burris be seated:

The apparent decision to seat Roland Burris came after aides to President-elect Barack Obama contacted senior Senate Democrats and suggested that they reverse course and accept Gov. Rod Blagojevich's controversial appointment, according to a senior Dem congressional aide.

Let the fingerpointing begin.

Speaking for me only

Unlike John Cole, I thought the Senate Dems were taking the proper course, as a matter of law and politics, in not seating any appointment to the vacant Senate Illinois seat by Illinois governor Rod Blagojevich, who has been credibly accused of trying to sell the appointment. But Cole is right about this:

Harry Reid has now, according to this [Gallup] poll . . . helped create popular support for Burris to not be seated. Since Burris will be seated anyway, these people will be pissed, Reid will look like a clown for being rolled over and put in his place by Blagojevich, and Republicans, with an assist from the Democrats who ran around calling Burris tainted for several weeks, will now claim Democrats are just as corrupt as Republicans. . . You couldn’t game out a worse scenario for the Democrats . . . If you could be sued for political malpractice, I would be leading a class action suit against the Democratic leadership right now.

More . . .

UPDATE - Press conference to begin momentarily. Reid and Durbin at the mike. Brings up "the entire Senate will have to act on this." I think he'll make sure everyone goes on the record on this one. Burris won't be seated today. But reading the tea leaves, it is clear that Burris WILL be seated. The question is how bad will the Democrats in the Senate look in the process. They focus on the Illinois Secretary of State signature. Silly stuff. And insuring that Franken will not be seated until the Minnesota Senate contest is finally resolved.

With the reports that the Senate has capitulated to Illinois governor Rod Blagojevich, credibly accused of trying to sell the appointment of an Illinois Senate seat, by seating Roland Burris, many are stating the drama is over. I beg to differ. The drama is only beginning.

More . . .

When I contemplated Norm Coleman's contest of the Minnesota Senate result, I assumed he would make discrete specific challenges (i.e. - specific rulings on objections to the determination of election judges, the exclusion of certain rejected absentee ballots, the inclusion of certain duplicate ballots, etc.) to the result certified by the Minnesota Canvassing Board. But reviewing Coleman's motion for contest and Notice of Contest (PDFs), it appears Coleman is asking for a new full recount, to be performed by 3 designated inspection officials (one Coleman inspector, one Franken inspector and one neutral inspector). Then all disputes will be submitted to the Inspection Panel.

It looks as if Coleman wants to drag this out as long as possible. The disputes are already known. It is the disputes that should be the subject of the contest. Instead Coleman is requesting a complete recount do-over. I assume the Election Panel can reject this request and proceed immediately to the disputes. I certainly hope they do.

Speaking for me only

One day till this year's Game of the Century. Tomorrow I will provide a comprehensive preview of the Florida-Oklahoma game. It's what you would expect from the top college football covering law and politics blog.

It won't be objective of course. Go Gators!

This is an Open Thread.

At this point, it seems there is a good deal of doubt about whether the Senate truly believes that a Senatorial appointment by Illinois governor Rod Blagojevich is so tainted that it should exercise its power under Article 1, Section 5 of the Constitution and not seat Roland Burris. If that is so, then this controversy should be brought to an end and Burris should be seated forthwith. I would disagree with the Senate's assessment, but the Constitution provides that power to the Senate, not to me. I do disagree with the argument presented by Walter Dellinger for Senatorial minimalism:

It is only a decision to exclude Mr. Burris that would lead to a continuing dispute about whether the Senate had the authority to reject the choice of a sitting governor. The Senate can avoid this constitutional quagmire entirely by agreeing to seat Mr. Burris, a respected public servant no one has accused of any wrongdoing.

Mr. Dellinger clerked for Justice Hugo Black when Powell v. McCormack was decided. It is interesting that Dellinger does not discuss the fact that the Court could have avoided the constitutional question and not decided the Powell case, which was moot in its essential question, whether Powell would be seated in the 90th Congress. Dellinger writes:

American Prospect received a copy of the first ten bills that Sen. Harry Reid will seek to have passed in the Senate.

There's not a crime bill among them.

Democrats now control both houses of Congress with a Democratic president -- for the first time in 16 years.

The House stands at 256 to 178 with one vacancy. If Al Franken is sworn in, Dems will hold 59 seats in the Senate.

Jeffrey Skilling, sentenced to 24 years in prison in the Enron case, had his conviction affirmed today by the 5th Circuit Court of Appeals -- but the Court said the trial judge erred in his sentencing calculations.

The trial judge bumped Skilling four levels for "substantially jeopardizing the safety and soundness of a “financial institution.” The appeals court said that was improper because there was no evidence the Enron Corporation Savings Plan and the Employee Stock Ownership Plan
are "pension plans" or “financial institutions” and any doubt must be resolved in favor of Skilling. It said "We are unprepared to declare every corporate retirement vehicle a “financial institution.”

Skilling must be resentenced. His guidelines now will be level 36 and Criminal History Category 1 or 188 to 235 months. Since the court initially sentenced him to the bottom of the range, I expect it will do the same on resentencing, resulting in Skilling's sentence dropping from 240 months to 188 months. [More...]