In an article yesterday, politico writes Brown win could spark legal battle
Some conservatives are claiming, Temporary Senator Paul Kirk loses his vote on election night, and they will go to cort to fight it, claiming his vote violates the constitution.
But one thing that gets lost in all the chatter, Democrats still have the 51 votes required by the constitution to pass any legislation. Filibusters that's been used by Republicans lately in record numbers is just a Senate rule, they can choose to ignore it if they wish.