A LEGAL POINT  – AT 9:25 A.M. ET:  A delicate point has been raised about Congresswoman Gabrielle Giffords, who is, thankfully, recovering from her gunshot wound at an Arizona hospital:  What happens if se cannot quickly resume her duties?  Can she remain in Congress?

CNN has done a well-reported story on the subject, and it's here.  It seems that, under Arizona law, if a public official cannot perform his or her duties for three months, the seat can be declared vacant.  In that case, a special election would be called.

Would this happen in the case of Congresswoman Giffords?  Well, let's put it this way:  Anyone who tried to invoke that statute would become the most unpopular politician in America within minutes.  So I don't think it will happen unless the congresswoman takes a dramatic turn for the worse, and we pray that doesn't happen. 

I would imagine that Gabby Giffords will be given far more than three months to demonstrate that she can get back to work, if only in a limited way.  If she cannot return to her position, I think she has the dignity to withdraw.  But I want to see her back on the House floor.

January 18, 2011