Althouse sums the hypocritical up:

"So there are 2 questions: 1. Is the death of Teddy Kennedy a sufficiently powerful event to counter the opposition to the health care bill? and 2. Is the death of Teddy Kennedy a sufficiently powerful event to overcome the embarrassment of changing the Massachusetts law back to what it was before it was changed to thwart a Republican?"

She was inspired by this from the NY Times: "But now the Democrats are short a vote in the Senate, and Democratic Governor Deval Patrick can't just appoint a new Democratic Senator for Massachusetts, despite the fact that Kennedy himself, less than a month ago, urged state legislators to change the law of successsion and give Patrick the power to appoint a Senator, because back in 2004, anticipating that John Kerry would win the presidency, Kennedy was instrumental in getting state legislative change designed to wrest the power from the Massachusetts governor, when the governor was the Republican Mitt Romney.

http://althouse.blogspot.com/2009/08/teddy-kennedys-death-will-be-used-to.html