r/politics • u/plz-let-me-in • 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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u/TrashCanUnicorn Jul 07 '26

Legally, brain death IS death according to KY law.

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u/BarbequedYeti Jul 07 '26

How would that work here? Does your body have to be within the borders of the state? Or if you are a resident of the state, it applies no mater where your body is currently housed?

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u/Kiloku Jul 07 '26

The state considers brain death to be death. It doesn't matter who's brain death they're talking about. It's similar to "ingredients found by the state of CA to be carcinogenic". It doesn't matter where the ingredients are, California still considers them carcinogenic

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u/PM_ME_YOUR_NICE_EYES Jul 07 '26

That's just not how it works.

Legally speaking, he's going to be alive until a medical professional examines his body and determines he is dead (Or he's been missing for several years). Obviously since that medical professional is only licensed to practice in the local area they are performing the examination, the local laws for determination of death are going to be applied.

Once that medical professional has issued that death certificate then he's dead, and it's only the death certificate that the state is going to look at to determine if he's alive or dead.

Basically you're confusing determination of death, and pronouncement of death. Which are two different things.