He’s one of my top choices for presidential candidate.

A winning ticket.

He was a disaster for teachers as mayor of Newark. That is disqualifying in and of itself.

Not a fan anymore

Do you think a republican in that seat will be better than a Democrat?

But we can do better than Booker.

Please!

The clock is ticking loudly.

It's time to move past words and put this into action. If he's going to cause a step to be taken, make it happen and quit 'playing the game' on the 'pukes terms re mcconnell and his 'absence.'

There are no “steps” to take right now.

to set a deadline date for proof that McConnell is cognitive enough to remain in office. I have no doubt that McConnell is too incapacitated to continue as Senator. Then appoint a replacement, thereby calling the Republican bluff about his authority to do it. Let them whine about it and threaten to go to court. If they actually do take it to court, Beshear can stand up to them there with evidence of his right to make the appointment.

There is no law that gives a governor that right.

How this process even work? Could Brian Kemp require Ossoff and Warnock to take a test to prove their fitness for office?

But regarding your example of Ossoff and Warnock, there is an enormous difference between them and McConnell.

McConnell was already in bad physical shape before the emergency call to his home a month ago. He has also shown signs of being in bad mental shape before last month by freezing up and being unresponsive for so long that he had to be led away. It happened more than once.

Then he and his office went silent for a month after an emergency call to his home. It is reasonable and valid to question his condition and ability to continue as Senator. A photo, even if not AI, proves nothing about his mental state. His constituents, who hired him, are entitled to know if he can still represent them because, without him, they are being denied the representation that they are entitled to.

The Senate cannot make a decision about keeping or expelling him without information on his condition. Because of his hospitalization and previous public mental unresponsiveness, there is reason for the Senate to doubt his current capacity and to request sufficient medical info on whether he is capable of fulfilling his duties as Senator.

If Bashear cannot make that request on behalf of the same constituents that he and McConnell both serve, then surely the Senate can request the necessary info. But with the Republican control of the Senate, is that likely to happen?

So if by speaking out about McConnell's condition, Beshear can pressure Rs to give reliable evidence of McConnell's capacity, more power to him. Demanding evidence can be part of the pressure, even if he can't do it in court. But can't he go to court on behalf of the citizens of his state to ensure that they have Senate representation and not someone unable to represent them?

I can't answer that question. I am not a lawyer. I am bringing up points that seem just and logical issues of whether a Senator's mind still functions well enough to serve his constituents after a medical incident and public history of mental disruption. Those points have no analogy at all to Ossoff and Warnock.

But there is no process for dealing with this.

People are demanding that Beshear create a policy out of thin air that has not existed in the 240 year history of the Constitution, enforce this policy, and somehow overcome all the forces that will say, "Bro, you made that up."

So as far as the law goes, Half Dead McConnell is the same as Millenial Ossoff.

We really need to get beyond this "Just do something" Political Culture. We keep demanding our politicians perform wizardry and get mad when they cannot.

People are legitimately mad that Democrats haven't removed Trump from office yet. I know these people. It's insane. How dare you fail to do this impossible thing?

This only becomes a live question when there is a vacancy. There is no vacancy right now.

(except likely in McConnell's head), but there is reason to believe that there should be a vacancy. But we can't establish that without medical information which nobody is permitted to get.

Meantime, are KY citizens represented in the Senate by 2 Senators or just one? Nobody is allowed to find out whether one of them is mentally functioning or mentally unable to function on their behalf.

Since McConnell has a history of mentally freezing up and being unresponsive in public so that he had to be led away while doing his job, and a month ago had a medical emergency at home, and has been silent for a month it is reasonable to ask for evidence that he can perform his job. Since his office refuses to give that evidence, other than a photo which says nothing about his mental ability, isn't it reasonable for the governor to request in court for that evidence on behalf of the KY citizens that the governor and Senator both serve?

I am not a lawyer, obviously. I can only point out what seems just and fair in the circumstances.

With the exception of 2/3 of senators acting to expel him.

Death, resignation, or expulsion. Those are the only options for ending a Senate term early.

It might not be fair, but it’s how the Constitution works.

But I am a lawyer. And not great situations exist all over the place without laws to fix them.

There is no law to fix this.

I would 100 percent support a law that could pass Constitutional muster that dealt with the fact that we clearly have lawmakers in both parties not physically capable of doing the job.

By the way, I used to be pro proxy/vote by home for legislators, but I've flipped on that. You could have Mitch in bed for year while his wife or chief of staff voted for him.

Beshear has no grounds to make such a request. At the moment, from a legal standpoint, McConnell as established a prima facie case that he isn't dead. I know people don't believe the photo and statement are authentic or that anyone really has spoken to him. But that information is out there, and Beshear has the burden of countering it with evidence of his own, not speculation.

Everything you said was true.

And demand to see this demented zombie.
It’s really not that hard, Dems are always clawing at the side if victory. The man is either dead or incapacitated, go there, point it out for the world to see. What is so difficult?

Allows the Governor to name a temporary replacement if the officeholder dies or (maybe) is incapacitated. It has been done several times in Kentucky’s history, notably with Alben Barkley in 1956.
The MAGAts passed a law to change that several years ago, knowing that the turtle would soon glitch permanently. Looks like Beshear will first try to determine if McConnell is even alive and will follow the constitution. Then let the MAGAts challenge it in court.
At question is if a law passed by the legislature can supersede a constitutional provision. And if functionally dead = dead. And if McConnell is incapacitated, which I think we can safely assume he is.

If it can, then you may as well not have a constitution. This should be interesting.

No governor can declare a vacancy in a federal office due to incapacity.

A vacancy can only occur under the federal Constitution in the case of resignation, death, or expulsion.

Since there is no vacancy today, there is no action for Beshear to take, whether he would prevail in such a hypothetical suit notwithstanding.

They have certainly done worse things than that.
His being unable to vote is an improvement I suppose.

Republicans would simply refuse to seat him on the basis that no vacancy exists.

Otherwise, Kemp can declare both Georgia seats vacant for “reasons.”

Until he starts to stink.

I'm betting Beshear knows something more about Mitch's current condition than we do.

It's meaningless until there is actually a vacancy. And he has no legal right or power to force McConnell or anyone else to respond to a request for "proof of life."

If he tries to appoint someone without the vacancy having been conclusively established -- and there is no indication he has any intent to do so despite what some here are demanding -- he would get nowhere.

his condition. I guess we will have to wait until August 3. Any chance we have a Democrat that could run??

No reason he couldn't run in a special election.

Time’s a wasting.Chop chop.

I don't think anyone actually read his quote.

There's an "if" in there.

demand access to McConnell and medical proof that McConnell is cognitively capable of remaining in the Senate. Or, he can proceed with an appointment and let the Rs whine about it and force them to prove that McConnell is cognitively able to continue as Senator.

At the moment, McConnell has provided prima facie evidence that the seat isn't vacant. Sure, there are claims the photo and statement are AI generated and that the individuals who claim to have spoken to McConnell are lying. But the burden of proof rests with Beshear and there isn't much of anything he can do.

It's hardly a slam dunk that he would win a lawsuit challenging the current KY statute governing filling a Senate vacancy. And while the lawsuit was pending I fully expect the repubs in the Senate would try to refuse to seat anyone Beshear appoints unless it was a MAGA republican.

So odds are the so-called "stalemate" is going to continue.

This has exposed something of a black hole in the Constitution. I don't think that seat is vacant until it is formally vacated in some way. What that way is...who knows?

I would say that if someone produced a picture of Mitch on an autopsy table, nothing changes legally. Beshear still has no standing to demand proof of life, because there is a presumption that the seat is filled until there is some formal declaration stating otherwise.

can expel another Senator. But does expulsion apply to a Senator who is physically or mentally unable to do the job? The word expulsion sounds like a penalty for an illegal or unethical act, which does not fit a person who is incapacitated due to a medical cause.

It gets more complex if the governor in this case is not legally permitted to get medical information on behalf of his constituents who have a right to know if the Senator that they hired with their votes is able to serve them.

Could KY constituents file in court for info on the Senator's mental and physical performance status? Wouldn't they have standing?

On legal issues, if it is established that McConnell is mentally incapacitated and that his staff and some Senators conspired to keep that info from the public, would they be liable to charges of fraud?

As it stands now, it appears that there is, as you put it, a black hole in the Constitution on this type of problem. I have been arguing from a point that seems to me to be fair and just, but have had it pointed out a number of times that my thoughts and suggestions are off base legally, or more bluntly, fantasy and nonsense. From a legal view, perhaps they are. But there is still a problem that I don't think should exist and maybe needs to be remedied in the law.

I read yesterday that there are some ideas floating around Congress about legally addressing the issue of absent members to prevent future problems like McConnell and the House member who recently returned after months of absence.

I remember that when Gabby Gifford was recovering from her gunshot injuries, it was Republicans who were clamoring for her dismissal even before her doctors knew the full extent of damage and recovery

Addressing the problem with laws and rules for the future might make it a neutral instead of partisan issue.

This is similar to Impeachment. An impeachable offense is anything the House deems it to be. A person's fingernails being too long can be an impeachable offense. These are political questions not legal questions.

If 2/3 of the Senate wants to expel a member because he or she smells badly, they can.

Like impeachment, this is not something that can be appealed to any court. Which is why Beshear going to a court is pointless. Courts have zero jurisdiction.

He's talking about the state law that is triggered when the seat is vacated - which it is not.

He has been promising to challenge that law for two years.

He does have a case. I think he will lose but he has a legitimate argument to make. But he can't do anything until McConnell's funeral.

in reality, will not affect a replacement for McConnell since his condition could remain unknown through to the November election if his staff keeps quiet about his mental state and nobody can force them to give credible info.

It's one less Republican vote.

I don't get why people are so eager to get to a special election that would almost certainly be won by a MAGA loon.

52 Republican votes instead of 53 is great for us.

being so silent, most people believe that they have a purpose or some advantage in mind.

And that requires a 2/3 vote.

Ted Kennedy was absent from the Senate for long periods of time when he had brain cancer. You wouldn't have wanted a majority in the Senate to have the power to expel him would you?

You assume McConnell's constituents have a "right" to know his condition. Not only wouldn't they have standing, but disclosure of that information likely would violate HIPAA. And since the public has no right to know the details of McConnell's medical condition, they can't claim fraud for not being told what it actually is.

If you can find a credible story indicating there were efforts to force Gabby Giffords from office, I'd like to see it.

Or, Beshear could just appoint someone to replace McConnell and put the ball in the hands of Republicans to prove that McConnell is cognitively competent enough to continue and not be replaced.

In other words, there are political moves that Beshear can make to push Republicans to reveal themselves or to give up and shut up.

And the repubs in the Senate would refuse to seat his appointee, which also would trigger legislation.

So it's unlikely his appointee would take office any time soon, if ever.

Frankly, no one does.

I mean Beshear can send whatever make-believe pretend senator you want him to, but he won’t get sworn in, or even allowed in the building.

This is like Trump's fake electors scheme. You can't magically make one a Senator when:

1. The office is not vacated, and
2. You don't have that power under state law.

this why guardianships/conservatorships exist

force the issue through legal process

And even if there was, it wouldn’t stop him from being alive and occupying the Senate seat.

Can he get a court to review his will too?

That's a crime.

"Smoke-Out" and force the hand of the PTB that are hiding Mcconnells true condition!

The closer we get to August 3rd, the more likely the Repukes get to winning their sneaky, illegal game.
Don't let them win this - force them to admit their deceit.

...being the operative word, this has as much force & effect as a 'strongly worded letter'.

Wake up Dems... stop talking about it and do it.

We the voters have to wait until Nov. to do our part to make a change, but you can start right now, and my guess is you will find the support from your voters overwhelming.

so exhausted by threats, promises, blah de blah

"challenge Republican lawmakers in court” as was stated in the OP?

Check out John Youngblood’s Facebook post, which has gone viral in the past week. Here, I’ll make it easy for you:

"Since McConnell won't (or more likely CANNOT) provide proof-of-life (and/or mental competence) Governor Bashear should just announce he will appoint his replacment.
The Republicans will no doubt go straight to the courts to block such a move.
And the court will most likely rule, immediately, that McConnell and the Republicans should simply provide proof McConnell is alive and well and that would be the end of it.
Force their hands, governor. This charade has gone on long enough.
And if it turns out that McConnell has been in a vegetative state since admission to the hospital, likely considering all the details, than Senator John Thune and political commentator Scott Jennings are clearly liars. Thune should be censured and investigated for ethics violations, and Jennings should be summarily fired.
If it turns out on the other hand that McConnell beat the 95.6% odds stacked against him and he's doing fine, then HE should answer for his intentional silence.
Either way, this is all bull****.”

(emphasis mine)

https://www.facebook.com/share/p/1B3rZMBqLc/]

Another click bait headline.

"Kentucky Gov. Andy Beshear says he is prepared to challenge Republican lawmakers in court over who has the authority to fill Mitch McConnell’s Senate seat if it becomes vacant....."

That "if" is pretty darn important.

Question: would this be a matter of state or federal law? I'm honestly not sure.

The US Constitution makes special election the default means for filling a vacancy in the US Senate, but provides state legislatures with authority to enact laws that give the governor authority to fill a vacancy via a temporary appointment in lieu of a special election. In the past few years Kentucky's legislature has passed a couple of different laws. One provided for a vacancy to be filled by the governor based on a list of three names provided to him by the political party of the person who held the now vacant office. Subsequently, the KY legislature repealed that law and passed the current statute repealing the governor's appointment authority and reverting to authorizing special elections to fill the vacancy.

The question is where does the KY constitution fit into this. It currently provides-- and has provided for over 100 years -- that vacancies in "at large state" office and offices for a "district larger than a single county" are to be filled by the governor via appointment. So does this constitute an action by the "legislature"? And if it does, would it apply to federal state offices -- i.e. the US Senate? There is historical precedent in KY, albeit not for over 60 years, for the governor to fill a US Senate vacancy, but I don't believe such appointments have ever been challenged. In addition, there is precedent for US House district vacancies, which might cover an area larger than a single county -- have been filled by special election.

So might a a court decide that since US House elections have been filled by special election notwithstanding the KY constitution that provision should be interpreted as applying only to state and not federal offices question. Beshear has a decent argument, but I wouldn't characterize it as a slam dunk.

Especially in this current climate where courts seem to be favoring legislative power over executive power (unless Trump wants to fire people).

I just wasn't sure if you file this in state or federal court. It's a state law regarding a federal office with federal constitutional issues.

I expect the challengers will try to start in federal court.

Clickbait like this relies on people not having information.

Beshear is simply restating his position that he believes the law the Kentucky legislature passed in regards to vacancy in a Senate seat is against the Kentucky constitution.

At the moment, it doesn't matter. Beshear has no power to push McConnell aside. None. Zero. Not going to happen, people need to stop agitating for it. It's bashing Beshear for not doing something he has no power to do.

If McConnell dies, Beshear is stating he will take it to court. He will have standing then to do so.

Which he said back in 2024 when the law first passed. There is no new development, simply new interest.

But "two year old issue is new to me" is not "going nuclear"

The post literally says Beshear will do this IF the seat is vacated. Which it ain't.

Me: I will start dating 25 year old influencers if my marriage is vacated.
The Internet: DO IT NOW!!!!

Call their bluff and go to the hospital tomorrow!

I don't know what people are agitating for here. Medical privacy and HIPAA exist. Only the Senate can remove a member.

All it does is end up bashing Beshear for being "weak" because . . . he doesn't do what he has no power to do.

It's not even a complicated series of laws we're discussing. It involves two.

If they refuse, it tells the world they are hiding his condition. Do you understand the concept of swaying public option?

If the shoe was on the other foot, this is exactly what a Republican Governor would be doing, but you think it's best to not even try.

So we don't have to "imagine" shoes on other feet, because it's been a thing. Not only a thing, but an occurrence with multiple people in the legislative branch. Jon Stewart just did a whole bit about it on the Daily Show.

I get it's McConnell, but social media demanding their conspiracies be answered should not be something politicians trouble themselves with.

Let me rephrase that.

Politicians in the Democratic Party who have aspirations for higher office should not take dictation from social media conspiracy theorists.

Because everyone has something to lose.

Both sides have an alarming number of 80 and 90 year olds walking very cautiously around. I don't think anyone wants to start throwing old people at each other.

You know what I find amusing? Susan Collins is 73 and has been a senator since we stepped out of the primordial ooze. You know what is not an issue? Susan Collins' age. Because there are like 25 senators older than she is.

A sitting senator doesn’t bear the burden of proving he’s still entitled to his office. The Constitution presumes he remains in office until a vacancy actually exists.

to produce a ridiculous fake proof of life photo should be sufficient to compel them to produce his living carcass. They had some reason for doing it.

No lame snark or mansplaining is required.

You have as much legal authority to appoint a replacement for McConnell as Beshear does.

I would be satisfied with a Lawrence O'Donnell interview proving Moscow Mitch hasn't been reanimated.

"he can proceed with an appointment and let the Rs whine about it and force them to prove that McConnell is cognitively able to continue as Senator."

You have as much authority as Beshear.

CALL THEIR BLUFF!!

He can't make him.

And once he says it, everyone here is going to screaming at him to make him.

He hasn't changed that position. But there isn't a vacancy for him to fill and he's not going to try to do so without the existence of a vacancy having been established. And he can't do anything to force McConnell to provide "proof of life."

What do you think is happening?

And people are reading fantasies into it thanks to clickbait headlines.

1. Political. The people online screaming “do something” need to be fed something, I think.

2. Practical. He obviously hates this law and probably has the lawsuit ready to filed the second McConnell shuffles off.

Good.

They seek Mitch here,
They seek Mitch there,
Those MAGAts seek him everywhere!
Is he in Louisville, is he in hell,
that damned elusive McConnell.

I say Beshear ought to support just letting him hang in the wind.

He will not do anything and it’s just bluster

He’s clearly stating what he will do if/when the opportunity presents itself.

He’s not lying.