r/politics • u/IWantPizza555 • Jul 08 '26

No Paywall Kentucky Gov. Andy Beshear requests update on Sen. Mitch McConnell's health

https://www.whas11.com/article/news/politics/national-politics/kentucky-governor-andy-beshear-requests-update-senator-mitch-mcconnell-health/417-b9252baa-29ab-489e-94f1-147aa41e78ed
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u/cenosillicaphobiac Utah Jul 08 '26

I think Beshear needs to just trigger a special election with the caveat that once he's fully convinced that Mitch might return to his position before January he would cancel the election.

Put that ball in their court.

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u/suprahelix Jul 08 '26

He cant. That’s just not a thing.

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u/lazyFer Jul 08 '26

Prove it in court

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u/notashroom Jul 08 '26

Do you really doubt which way the Roberts SCOTUS would rule on that?

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u/arnoldzgreat Jul 08 '26

Point is that they have to spend lawyer hours and maybe provide some evidence to win at whatever level. They keep pushing frivolous shit all the way to the SCOTUS like most recently the sexual abuse libel they don't want to pay up, give them a taste of having to litigate dumb shit. I hate to waste taxpayer money on it but it can't just be one side that uses the state coffers for litigation.

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u/suprahelix Jul 08 '26

Lmao the court wouldn’t take the case

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u/LackingUtility Jul 08 '26

Yes, because McConnell would lack standing. Since he's dead.

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u/suprahelix Jul 08 '26

You’re using words you don’t even understand. The plaintiff is the one that needs to show standing lmao. And in this case they wouldn’t have any because there is nothing that gives the governor the power to unilaterally decide whether or not a senator is alive.

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u/LackingUtility Jul 08 '26

Nope, you don't understand. McConnell would be the plaintiff. You're correct that the plaintiff needs standing. But you're incorrect that Beshear would be the plaintiff.

Here's how it would work: the governor declares McConnell dead and appoints an interim senator. McConnell's campaign staff file a complaint in court, seeking a temporary injunction. Beshear opposes it because [drumroll] they lack standing. Only McConnell would have standing, but he's dead. Leaving McConnell having to establish standing by, say, showing up in court.

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u/StaffSgtDignam Jul 08 '26

  the governor declares McConnell dead and appoints an interim senator

How can he do that if KY requires a special election?

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u/LackingUtility Jul 08 '26

Kentucky's Constitution, section 152: If the unexpired term will end at the next succeeding annual election at which either city, town, county, district or State officers are to be elected, the office shall be filled by appointment for the remainder of the term.

It appears that Beshear could appoint an interim replacement until the election can be held.

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u/lazyFer Jul 08 '26

Yeah, Republicans forgot to amend their constitution

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u/suprahelix Jul 08 '26

governor declares McConnell dead

Show me where the governor has the legal right to do that

McConnell's campaign staff file a complaint in court, seeking a temporary injunction.

They don’t need to. McConnell is the sitting senator and nothing Beshear says changes that.

Beshear opposes it because [drumroll] they lack standing.

Beshear would have to go to court to get them to enforce his “declaration” and compel the senate to seat the replacement. The court will dismiss the case because nothing gives Beshear the power to decide McConnell is dead.

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u/LackingUtility Jul 08 '26

Show me where the governor has the legal right to do that

Kentucky Constitution, art. 152.

"McConnell's campaign staff file a complaint in court, seeking a temporary injunction. They don’t need to. McConnell is the sitting senator and nothing Beshear says changes that.

Kentucky Constitution, art. 152.

Beshear would have to go to court to get them to enforce his “declaration” and compel the senate to seat the replacement.

Nope, the Constitution gives Beshear appointment power. The legislature may refuse to seat his appointee, and yes, he could take them to court. But the appointment would have already been made, so he wouldn't need to.

I take it you haven't actually read that portion of the Constitution? Or any portion?

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u/suprahelix Jul 08 '26

Except as otherwise provided in this Constitution, vacancies in all elective offices shall be filled by election or appointment

Mmmm nope not seeing where it says the governor gets to decide whether or not there’s a vacancy (hint: he can’t)

Constitution gives Beshear appointment power.

Again, 

Except as otherwise provided in this Constitution, vacancies in all elective offices shall be filled by election or appointment

It says when there’s a vacancy. There isn’t one.

he could take them to court.

Actually it would be the appointee not Beshear but regardless that would make them the plaintiff.

But the appointment would have already been made, so he wouldn't need to.

I. Declare. Bankruptcy!

No one cares what he says he’d have to get the court to enforce it. They wouldn’t.

I take it you haven't actually read that portion of the Constitution? Or any portion?

Actually I have, which is how I know there’s nothing in it that gives the governor of Kentucky the power to decide a seat in the US Senate is vacant.

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