KY Governor Beshear will win in the Kentucky Supreme Court if Mitch croaks

[Wanderlust988]

That's why the GOP is doing all they can to keep him on ice for as long as they can. The Supreme Court in Kentucky is surprisingly moderate. This is not North Carolina or Texas. They have a history of overturning a lot of laws passed by the GOP. Also, they often overturn legislation taking away powers from Beshear. There is a very good chance Beshear will be able to appoint a temporary replacement if McConnell dies. They are panicked.

[efhmc]

1. Why don't they have to prove he is alive?

[MarineCombatEngineer]

2. I suspect that they're doing a Weekend At Bernie's scenario. nt

[efhmc]

3. Is there no law or rule or regulation concerning this?

[onenote]

4. Not even close to a slam dunk.

The US Constitution provides that "When vacancies happen in the representation of any state in the Senate, the executive authority of such state shall issue writs of election to fill such vacancies: Provided, that the legislature of any state may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct."

So the default under the US Constitution is a special election to fill a Senate vacancy. In KY's case, the legislature, as provided by the US Constitution, gave the governor temporary appointment authority. But then the legislature, as within their power, repealed that law and reverted the law to the US Constitution default position.

Now, the argument may be made that the KY Constitution gives the Governor appointment power with respect to a US Senate vacancy. There are two weaknesses in that argument: One is that the US Constitution gives the authority to the legislature. The other is that the KY constitution doesn't expressly say anything about filling vacancies in federal offices. A court, in order to weave its way through the varying provisions, might very well find that the KY provisions only apply to state offices -- something that finds further support in that the KY constitution gives the governor to fill vacancies in "district" offices by appointment, but if that was applied to the US House of Representatives, it would clearly conflict with the US Constitution provision that requires special elections to fill such vacancies.

I'm not saying Beshear is certain to lose. Just that he is definitely not certain to win.

[Wanderlust988]

9. Are you from Kentucky? They've been overturning all sorts of laws stripping Beshear of power

I live here and I know. They don't like what the GOP is doing in taking away his powers. This is not North Carolina. They often rule for Beshear.

[onenote]

10. I don't live in KY. And I expect that if Beshear brought the case, it would be heard by a state court

But if he acts first and is sued, I expect the parties challenging his actions will claim it violates the US Constitution and bring their case in Federal court, not KY state court.

[SSJVegeta]

5. Cool he should appoint a replacement now and force McConnell to contest it himself

...by maybe showing up for work one day? By video? Or maybe he can send an email.

[msongs]

6. beshear oughta go to the hospital an demand to talk with mcconnell

[pinkstarburst]

7. I think Beshear should call their bluff

It's pretty clear he's dead.

Beshear should contact McConnell's office and say McConnell must meet with Beshear in person within 24 hours, or he's appointing a replacement.

No phone calls, no videos, no pictures. All that can be faked. If he is dead or incapacitated (which I think he has been since June 14th), Beshear should appoint a replacement immediately.

[onenote]

11. It wouldn't work. The repubs in the Senate would refuse to seat Beshear's appointee.

They would take the position that the seat isn't vacant and that the burden is on Beshear to prove otherwise. Which he can't.

[kentuck]

8. The Chief Justice is a woman who went to the same high school as me...

The first woman Chief Justice in KY