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Politics

Health could reshape Senate

Sen. Tim Johnson is in critical condition. If he can't serve, it could give the GOP control.

By BILL ADAIR
Published December 15, 2006

WASHINGTON - Democratic Sen. Tim Johnson of South Dakota was in critical condition Thursday after suffering a brain hemorrhage. Doctors said his prognosis was uncertain, raising questions about whether his illness could affect the fragile balance of power in the Senate.

Why is the illness of one senator such a big deal?

With Johnson in the Senate, the Democrats would take control with a 51-49 majority next month. But if a Republican is appointed to his seat, the ratio would be 50-50, giving Vice President Dick Cheney, who serves as president of the Senate, power to break the tie. That would effectively give control to Republicans.

What do the rules say about when a senator is considered incapacitated?

Nothing. The Constitution gives the Senate the authority to determine who will serve, but senators have never vacated the seat of a colleague who has been incapacitated, said Don Ritchie, an associate historian in the Senate.

"Precedent suggests that the Senate would wait for the member to resign voluntarily or for the family to indicate the member would not be able to return," Ritchie said.

What happens if Johnson is hospitalized in January when the new Senate convenes?

The Democrats would probably still take control. Johnson was sworn in four years ago for his six-year term and does not have to be sworn in again.

Because Democrats have a 51-to-49 ratio with him and 50-49 if he's in the hospital, Ritchie said his absence probably would not affect the Senate resolution that divides power and committee assignments.

Does Johnson need to be there to vote on that resolution?

He can vote only if he's in the Senate, Ritchie said, but the Democrats could pass it without him because they would still have the 50-49 advantage.

Has this happened before?

Since 1942, nine senators have kept their seats even though they have been away from the Senate for extended periods.

Karl Mundt, a South Dakota Republican, suffered a stroke in November 1969. He refused to resign unless the governor agreed to appoint Mundt's wife. The governor refused, so Mundt kept the seat. He never returned to the Senate and his term ended in January 1973.

In February 1988, Sen. Joe Biden, D-Del., had surgery for a brain aneurysm. He returned to the Senate seven months later.

Sen. Clair Engle, D-Calif., had brain cancer and missed various periods from 1963 until his death in July 1964. In June 1964, he was carried into the Senate chamber for a key vote on the Civil Rights Act. He couldn't speak, but signaled he supported the bill.

If Johnson resigned, how would his successor be chosen?

The Republican governor of South Dakota, Mike Rounds, would appoint someone - most likely a fellow Republican. That person would serve until the next general election is held - in 2008 - which also happens to be the end of Johnson's term.

What happened to Johnson?

He was taken to the hospital because aides believed he had a stroke. In a conference call with reporters, Johnson, 59, at first had answered questions normally but then began to stutter.

He paused, then continued stammering before appearing to recover and ending the call.

Doctors diagnosed it as arteriovenous malformation, which causes arteries and veins to grow abnormally large, become tangled and sometimes burst. The condition is often present from birth.

It is believed to affect about 300,000 Americans, according to the National Institute of Neurological Disorders and Stroke. The institute's Web site said only about 12 percent of those have any symptoms. The symptoms, which range in severity, can include severe headaches, memory loss and dizziness.

What is the prognosis for Johnson?

Doctors say it's too early for a long-term prognosis, but Adm. John Eisold, the Capitol's attending physician, issued a positive statement Thursday evening:

"Sen. Tim Johnson has continued to have an uncomplicated post-operative course. Specifically, he has been appropriately responsive to both word and touch. No further surgical intervention has been required."

Dr. Sean Grady, neurosurgery chairman at the Hospital of the University of Pennsylvania, said it's common for someone to take several days to wake up after such surgery.

Someone who is awake and alert and talking in the first day or two typically has a shorter recovery - in the range of 4 to 8 weeks, he said. If it takes longer to wake up, it in turn takes more months to recover.

"We wouldn't make any immediate long-term prognoses for at least one to two days," he said. "There can be a period of time where the brain is still swollen and the patient may have trouble responding."

Information from the Associated Press was included in this report. Bill Adair can be reached at adair@sptimes.com or 202 463-0575.

[Last modified December 15, 2006, 00:56:58]