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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsKentucky Governor Threatens To Go Nuclear On Mitch McConnell
Jul 16, 2026
Kentucky Gov. Andy Beshear says he is prepared to challenge Republican lawmakers in court over who has the authority to fill Mitch McConnells Senate seat if it becomes vacant, setting up a potentially major constitutional battle. Farron Cousins breaks it down.
JBTaurus83
(1,887 posts)Hes one of my top choices for presidential candidate.
Blue Owl
(60,333 posts)Please!
2naSalit
(105,359 posts)WestMichRad
(3,585 posts)The clock is ticking loudly.
Tetrachloride
(9,831 posts)RT Atlanta
(2,900 posts)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.'
tritsofme
(19,969 posts)There are no steps to take right now.
wnylib
(27,096 posts)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.
MikeyDi
(15 posts)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?
tritsofme
(19,969 posts)This only becomes a live question when there is a vacancy. There is no vacancy right now.
Escape
(591 posts)I'm betting Beshear knows something more about Mitch's current condition than we do.
themaguffin
(5,577 posts)MadMike47
(174 posts)MontanaMama
(24,791 posts)Times a wasting.Chop chop.
MikeyDi
(15 posts)I don't think anyone actually read his quote.
There's an "if" in there.
wnylib
(27,096 posts)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.
onenote
(46,541 posts)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.
MikeyDi
(15 posts)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.
wnylib
(27,096 posts)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.
onenote
(46,541 posts)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.
tritsofme
(19,969 posts)Frankly, no one does.
I mean Beshear can send whatever make-believe pretend senator you want him to, but he wont get sworn in, or even allowed in the building.
MikeyDi
(15 posts)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.
RT Atlanta
(2,900 posts)this why guardianships/conservatorships exist
force the issue through legal process
tritsofme
(19,969 posts)And even if there was, it wouldnt stop him from being alive and occupying the Senate seat.
Ars Longa
(747 posts)"Smoke-Out" and force the hand of the PTB that are hiding Mcconnells true condition!
FakeNoose
(43,475 posts)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.
KS Toronado
(24,433 posts)
orangecrush
(32,126 posts)But I'm sure he's aware of that and is doing it right.
tritsofme
(19,969 posts)Snackshack
(2,616 posts)...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.
Geechie
(1,056 posts)so exhausted by threats, promises, blah de blah
tritsofme
(19,969 posts)onenote
(46,541 posts)Another click bait headline.
MikeyDi
(15 posts)"Kentucky Gov. Andy Beshear says he is prepared to challenge Republican lawmakers in court over who has the authority to fill Mitch McConnells 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.
onenote
(46,541 posts)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.
MikeyDi
(15 posts)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.
onenote
(46,541 posts)I expect the challengers will try to start in federal court.
Sympthsical
(11,391 posts)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"
MikeyDi
(15 posts)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!!!!
Chasstev365
(8,583 posts)Call their bluff and go to the hospital tomorrow!
tritsofme
(19,969 posts)Chasstev365
(8,583 posts)Sympthsical
(11,391 posts)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.
Goonch
(6,143 posts)
MorbidButterflyTat
(5,130 posts)"...if it becomes vacant..."
Too many people just accept the phony pic from 15 years ago.
If he's alive and living it up in rehab, let them fucking PROVE IT.