From the Hill:

A Massachusetts court has rejected a request from the state Republican Party to put a temporary hold on Sen.-designate Paul Kirk's (D-Mass.) swearing-in Friday, clearing the way for Democrats to have a 60th seat in the Senate.

Kirk was appointed to the seat by Gov. Deval Patrick (D) on Thursday, but in order to do so Patrick had to declare an emergency. Republicans said Patrick had no such legal authority and filed for an injunction before the selection was announced.

Robert Byrd's health and frequent hospital stays notwithstanding, we are now back at a partisan 60 if not an ideological 60. This is a good thing for passing some sort of health care reform, but whether or not it's a good thing for the public option, we don't know.