Governor Beshear should preemptively appoint a new Senator by virtue of McConnell being MIA for over 30 days...

[wcmagumba]

He probably can't do this but he should anyway...Republicans are disregarding the law and lying about McConnell's health...Make the Republicans sue to remove the appointee and prove that Mitch is not dead or brain dead...

[LisaL]

1. He can't appoint a new senator.

KY took that power away from him.

[Chasstev365]

2. Correction: Mitch McConnell took that power away from him.

[onenote]

18. Even when Beshear had the power, he was required to appoint a Republican

As is the case in 9 or 10 states, including blue states Maryland and Hawaii, when a vacancy occurs in the state's US Senate seat, the governor is required to fill the vacancy with someone from the same political party as the person who held the office before it became vacant.

Specifically, the prior law -- now repealed -- stated as follows:
The appointee shall be selected from a list of three (3) names submitted by the state executive committee of the same political party as the Senator who held the vacant seat to be filled, shall have been continuously registered as a member of that political party since December 31 of the preceding year, and shall be named within twenty-one (21) days from the date of the list submission

[mr715]

3. The situation is a bit more ambiguous

The power to appoint is invested in the governor by the state constitution, so he can claim the law violates the constitution of Kentucky.

[orleans]

8. i don't think so

this pdf describes the offices the gov can appoint; it says state office but mcconnell was federal

https://apps.legislature.ky.gov/Law/Constitution/Constitution/ViewConstitution?rsn=173

[pat_k]

11. U.S. Senate seat is a state at large office.

That is, all residents of the state are eligible to vote, not a subset.

[onenote]

12. The KY constitution also refers to "district" offices.

But under the US Constitution, vacancies in the US house -- a district office-- can only be filled by special election. To avoid that problem, the KY courts very likely would interpret the KY constitution consistently as applying only to state offices, whether "at large" or "district."

[pat_k]

6. When the seat is vacated, he will challenge the unconstitutional 2021 and 2024 laws

State constitution states that state-at-large offices or large districts "shall be filled by appointment of the Governor"

McConnell's vacancy is the first opportunity to do this.

They are delaying the inevitable challenge for reasons that are not clear.

[LisaL]

9. But McConnell is federal, not state.

So not sure what his vacancy would do with this.

[pat_k]

10. U.S. Senate seat is a state at-large office.

It is a federal seat elected by state residents "at large" -- i.e., all of them., not a subset.

[onenote]

13. In order to apply the KY constitution consistently and in accordance with the US constitution

A court very likely would construe the KY constitution as applying only to state offices, whether at large or district. Why? Because there is no question that the KY constitution, if interpreted to apply to federal offices, would run afoul of the US constitution with respect to "districts."

[pat_k]

14. That's what the challenge would test.

I don't think the outcome is clear at all.

And it seems to me the Republican Party isn't particularly confident in victory or they wouldn't be trying to run out the clock with a brain-dead senator to weaken the challenge based on proximity to the election.

[onenote]

15. Do you think there is any question that KY cannot give governor authority to appoint a US House District member?

Because there can be no question about that. So the question is whether, when the KY Constitution purports to give the governor authority to fill, via appointment state-at-large and district offices, that it somehow meant the reference to state-at-large to include the US Senate, but did not intend for the reference to state districts to refer to US House vacancies.

I think that is a very tough case to win.

[pat_k]

16. Well, if Mitch is "recovering" under "excellent care" until 1/3/27...

... or until close enough to the election to make the challenge a loser on proximity to the election, without getting to the larger questions, we won't be finding out anytime soon.

[RedWhiteBlueIsRacist]

4. Just bring in a bunch of people to a rally, say it's gonna be wild, then storm the hospital.

And then say, it's just a crowd of tourists wanting to see how well ol' Mitch is doing!

[krawhitham]

5. A superlative suggestion, sir. with just two minor flaws. One, he doesn't have legal authority to do so. And two...

He doesn't have legal authority to do so. Now I realize that technically speaking that's only one flaw but I thought that it was such a big one that it was worth mentioning twice.





https://apps.legislature.ky.gov/record/24rs/hb622.html

Summary of Enacted Version
Repeals KRS 63.200, which requires the Governor to fill vacancies in the office of United States Senator; amends KRS 118.720 to require that the Governor sign a proclamation for an election to fill a vacancy in the office of United States Senator and to extend the term of the candidate who wins special election to the remainder of the term; and amends KRS 118.740 and 118.770 to conform; EMERGENCY.

[pat_k]

7. The first vacancy he will challenge the law as a violation of the state constitution.

State constitution states that state-at-large offices or large districts "shall be filled by appointment of the Governor"

McConnell's vacancy is the first opportunity to challenge the law.

They are delaying the inevitable challenge for reasons that are not clear.

[Boo1]

17. More BS of people asking a democrat to do the impossible

And being upset that they don't.

You can't appoint somebody to a seat that is already filled. Even if McConnell is being kept alive by machines, he is still alive and his seat if filled. There is not a mechanism to replace a congressman due to incapacitated other than a regular election. The seat opens on term, resignation, expulsion, or death. Nothing else.

And even if McConnell were replaced with a Democrat today it would change nothing about the calculus in the chamber. Republicans would still hold the majority with the exact number of votes they have available with his laying in a hospital bed. Republicans are already down a vote.

For them it would be better to have him die and tey to force a replacement picked by KY legislature. They have nothing to lose in that fight, as described, and a good chance to pick up a maga vote in his place.