If Scott Brown wins the Senate Special Election, he would be the 41 vote for the Republicans to help filibuster the Health Care Bill. But he would need to be sworn into the Senate first. That might be an issue.
[I]f Brown wins, the entire national health-care reform debate may hinge on when he takes over as senator. Brown has vowed to be the crucial 41st vote in the Senate that would block the bill.
The U.S. Senate ultimately will schedule the swearing-in of Kirk’s successor, but not until the state certifies the election.
It might not be legal and it's sure as hell immoral and unethical. But it's how it's going to go down.