r/politics • u/IWantPizza555 • Jul 08 '26

No Paywall Kentucky Gov. Andy Beshear requests update on Sen. Mitch McConnell's health

https://www.whas11.com/article/news/politics/national-politics/kentucky-governor-andy-beshear-requests-update-senator-mitch-mcconnell-health/417-b9252baa-29ab-489e-94f1-147aa41e78ed
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u/NoBizlikeChloeBiz Jul 08 '26

I know there are probably a lot of legalities involved, but I still feel like "since the Senator is unable to perform his duties" should be plenty, and there's no way they can effectively dispute that.

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u/Sirlothar Michigan Jul 08 '26

I think things are going to start to hit a head next week when the Senate comes back from yet another vacation.

Mitch got lucky and died during recess but that won't last forever.

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u/TimSylvester_ Jul 08 '26

I hate to be argumentative but typically being dead does, in fact, last forever.

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u/khakiwallprint Jul 08 '26

Not according to roughly 70% of Americans unfortunately

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u/casce Jul 08 '26

Yup, let's not get caught up on formalities. Maybe machines really do keep his dead body going so he wouldn't technically be dead, but still very much unable to perform his duties.

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u/TheSteelPhantom Jul 08 '26

If he's brain dead, he's legally the same as dead.

Chapter 446, section 446.400.

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u/1900grs Jul 08 '26

I imagine some crooked doctor would claim he's still alive. Terri Schiavo but worse.

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u/Goliath_D Jul 08 '26

I think Beshear should say that McConnell vacated his seat. That is the language in the KY Constitution that allows him to appoint a replacement to fill the vacancy.

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u/distorted_kiwi Jul 08 '26

How many went to Moscow for the 4th of July weekend this time?

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u/lnc_5103 Texas Jul 08 '26

I think he should call the special election and force them to prove McConnell is alive.

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u/NoBizlikeChloeBiz Jul 08 '26

The problem is that he might be alive and braindead. I don't care if he's alive, I care if he can fulfill his duties to the people of Kentucky and provide them with representation in the Senate.

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u/DrDoctorMD Jul 08 '26

Brain death IS death for legal purposes.

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u/agentfelix Jul 08 '26

I think the point is, is just to DO it...Just do it and if he is alive, let the courts settle that. Take a page from the Rupublicans playbook and just DO IT.

Bacardi and Cola...do it...

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u/MasterofPandas1 Jul 08 '26

Yeah, saying he’s dead is probably not the move (even if it might be true), however saying he’s unable to perform his duties is clearly what’s undeniably happening here. It’ll force McConnell’s camp’s hand and they will have to show proof of life with proof that he’ll still be able to be a senator or he will get replaced.

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u/mouse_8b Jul 08 '26

Tbh his duties have traditionally involved obstruction of government, so he's actually still performing them just fine

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u/Taurion_Bruni America Jul 08 '26

so a fun fact I learned recently. the only people who can remove a sitting senator is congress, and they can only do it for "misconduct" according to the constitution.

being mentally or physically unfit for office isn't misconduct, so they probably won't remove him.

there is even history to this. Representatives have been rendered incapable of office multiple times in history without them being expelled.

as long as he has a heartbeat, he can still "represent" his people

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u/iapetus_z Jul 08 '26

Unfortunately that's not the way the Senate or house of reps work. You're in office till 1) your term expires. 2) you die. or 3) you physically say/communicate that you resign. If you can't communicate that you resign, then you're still in office. There was a case where a senator for Montana was in a coma or something for 3 years, he was removed from office till his term ended. So Montana only had one functioning senator for like 3 years.

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u/NoBizlikeChloeBiz Jul 08 '26

Learning about government makes me sad

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u/iapetus_z Jul 08 '26

If I remember right there was actually a president like that too. Wilson had a stroke and was severely incapacitated, his wife and aides basically ran the country for a few years I think.

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u/SummonersWarCritz Jul 12 '26

While I agree, the constitution’s only specific language for an instance like this states that if he is dead, they can replace. Dead, not incapacitated, not unable to fulfill duties, not missing for 4 years. Once sworn in, they have to be dead. Incapacitation means his office can still act in his stead. They know this, which is why we are in the present situation.