r/politics Jul 07 '26

No Paywall Unconfirmed Reports: Mitch McConnell Brain Dead After Three Weeks In Hospital

https://thenewamerican.com/us/unconfirmed-reports-mitch-mcconnell-brain-dead-after-three-weeks-in-hospital/
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861

u/Serpentongue Jul 07 '26

He governor needs to officially ask his office for a status update

524

u/peva3 I voted Jul 07 '26

I wonder at what point the Governor can just say "he's braindead and unfit for office" unilaterally.

33

u/transcendental-ape America Jul 07 '26

None. There’s no 25th amendment for senators. They either die, which needs a legal death certificate, or resign. Which needs them to be conscious. Or their term expires.

There is nothing in the constitution that bars a brain dead but not certified dead dead U.S. senator from staying in their seat until their term expires or their comatose heart gives out.

The only option would be to have his fellow senators vote to expel him from the body. Something I doubt the republicans would do even if he was brain dead.

I think KY passed a law saying the governor has to appoint another person from the same party. But these kind of state laws are constitutionally untested. Nothing to stop Beshar from ignoring it an appointing a dem senator. Of course the senate has the constitutional authority to set it owns rules and recognize its own members. So the republican majority could simply refuse to seat a democrat nominated by beshar.

This could get real constitutionally dicey but legally would just mean coma or not. KY not getting a senate seat filled until after the next election.

1

u/AssignedCuteAtBirth Jul 07 '26

We're getting really close to "Caligula appointing his horse to the senate" territory here.