It appears that the one political obstacle that was preventing Judd Gregg from accepting the nomination to be Commerce Secretary has been removed:
Gov. John Lynch (D-NH) indicated today he’ll appoint a Republican to replace Sen. Judd Gregg if Obama nominates the New Hampshire senator to be Secretary of Commerce. In a statement, Lynch said that Gregg made it clear that he would not resign the seat if it would tip the balance in the Senate, and that Lynch believes that the president ought to have the advisers he wants.
“I have had conversations with Senator Gregg, the White House and U.S. Senate leadership. Senator Gregg has said he would not resign his seat in the U.S. Senate if it changed the balance in the Senate. Based on my discussions, it is clear the White House and Senate leadership understand this as well,” Lynch said.
“If President Obama does nominate Senator Gregg to serve as Commerce Secretary, I will name a replacement who will put the people of New Hampshire first and represent New Hampshire effectively in the U.S. Senate,”
So it would appear that the Democrats will be denied their 60 seats, even if Al Franken does make it past the Court challenges.
