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wcmagumba

(7,146 posts)
Fri Jul 10, 2026, 10:07 PM Friday

This message was self-deleted by its author

This message was self-deleted by its author (wcmagumba) on Sat Jul 11, 2026, 03:25 PM. When the original post in a discussion thread is self-deleted, the entire discussion thread is automatically locked so new replies cannot be posted.

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This message was self-deleted by its author (Original Post) wcmagumba Friday OP
He can't appoint a new senator. LisaL Friday #1
Correction: Mitch McConnell took that power away from him. Chasstev365 Friday #2
Even when Beshear had the power, he was required to appoint a Republican onenote Yesterday #18
The situation is a bit more ambiguous mr715 Friday #3
i don't think so orleans Friday #8
U.S. Senate seat is a state at large office. pat_k Yesterday #11
The KY constitution also refers to "district" offices. onenote Yesterday #12
When the seat is vacated, he will challenge the unconstitutional 2021 and 2024 laws pat_k Friday #6
But McConnell is federal, not state. LisaL Yesterday #9
U.S. Senate seat is a state at-large office. pat_k Yesterday #10
In order to apply the KY constitution consistently and in accordance with the US constitution onenote Yesterday #13
That's what the challenge would test. pat_k Yesterday #14
Do you think there is any question that KY cannot give governor authority to appoint a US House District member? onenote Yesterday #15
Well, if Mitch is "recovering" under "excellent care" until 1/3/27... pat_k Yesterday #16
Just bring in a bunch of people to a rally, say it's gonna be wild, then storm the hospital. RedWhiteBlueIsRacist Friday #4
A superlative suggestion, sir. with just two minor flaws. One, he doesn't have legal authority to do so. And two... krawhitham Friday #5
The first vacancy he will challenge the law as a violation of the state constitution. pat_k Friday #7
More BS of people asking a democrat to do the impossible Boo1 Yesterday #17
The point would be to force a KSC ruling on the constitutionality of the restrictive law. harumph Yesterday #20
You all must understand that the KY Supreme Court is favorable to Beshear and Dems Wanderlust988 Yesterday #19

LisaL

(48,279 posts)
1. He can't appoint a new senator.
Fri Jul 10, 2026, 10:09 PM
Friday

KY took that power away from him.

Chasstev365

(8,527 posts)
2. Correction: Mitch McConnell took that power away from him.
Fri Jul 10, 2026, 10:14 PM
Friday

onenote

(46,479 posts)
18. Even when Beshear had the power, he was required to appoint a Republican
Sat Jul 11, 2026, 12:52 PM
Yesterday

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

(5,094 posts)
3. The situation is a bit more ambiguous
Fri Jul 10, 2026, 10:17 PM
Friday

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

(37,599 posts)
8. i don't think so
Fri Jul 10, 2026, 11:02 PM
Friday

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

(14,759 posts)
11. U.S. Senate seat is a state at large office.
Sat Jul 11, 2026, 11:27 AM
Yesterday

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

onenote

(46,479 posts)
12. The KY constitution also refers to "district" offices.
Sat Jul 11, 2026, 11:32 AM
Yesterday

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

(14,759 posts)
6. When the seat is vacated, he will challenge the unconstitutional 2021 and 2024 laws
Fri Jul 10, 2026, 10:58 PM
Friday

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

(48,279 posts)
9. But McConnell is federal, not state.
Sat Jul 11, 2026, 02:50 AM
Yesterday

So not sure what his vacancy would do with this.

pat_k

(14,759 posts)
10. U.S. Senate seat is a state at-large office.
Sat Jul 11, 2026, 11:21 AM
Yesterday

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

onenote

(46,479 posts)
13. In order to apply the KY constitution consistently and in accordance with the US constitution
Sat Jul 11, 2026, 11:34 AM
Yesterday

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

(14,759 posts)
14. That's what the challenge would test.
Sat Jul 11, 2026, 12:10 PM
Yesterday

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

(46,479 posts)
15. Do you think there is any question that KY cannot give governor authority to appoint a US House District member?
Sat Jul 11, 2026, 12:22 PM
Yesterday

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

(14,759 posts)
16. Well, if Mitch is "recovering" under "excellent care" until 1/3/27...
Sat Jul 11, 2026, 12:32 PM
Yesterday

... 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

(2,480 posts)
4. Just bring in a bunch of people to a rally, say it's gonna be wild, then storm the hospital.
Fri Jul 10, 2026, 10:24 PM
Friday

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

krawhitham

(5,131 posts)
5. A superlative suggestion, sir. with just two minor flaws. One, he doesn't have legal authority to do so. And two...
Fri Jul 10, 2026, 10:48 PM
Friday

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

(14,759 posts)
7. The first vacancy he will challenge the law as a violation of the state constitution.
Fri Jul 10, 2026, 11:01 PM
Friday

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

(780 posts)
17. More BS of people asking a democrat to do the impossible
Sat Jul 11, 2026, 12:42 PM
Yesterday

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.

harumph

(3,633 posts)
20. The point would be to force a KSC ruling on the constitutionality of the restrictive law.
Sat Jul 11, 2026, 02:11 PM
Yesterday

And republicans somehow manage to do shit all the time that isn't "lawful."

Wanderlust988

(812 posts)
19. You all must understand that the KY Supreme Court is favorable to Beshear and Dems
Sat Jul 11, 2026, 01:44 PM
Yesterday

This is not Texas and Florida. They've been ruling against the GOP for a while now, especially on them taking powers away from Beshear. It's not a liberal court, but it's moderate for sure. That's why Mitch is not taking any chances.

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