Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

marmar

(80,598 posts)
Thu Jul 16, 2026, 10:36 AM Yesterday

Kentucky 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 McConnell’s Senate seat if it becomes vacant, setting up a potentially major constitutional battle. Farron Cousins breaks it down.
114 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Kentucky Governor Threatens To Go Nuclear On Mitch McConnell (Original Post) marmar Yesterday OP
Good JBTaurus83 Yesterday #1
I've decided: Beshear/Booker Chipper Chat 23 hrs ago #80
Never, ever, ever Booker. valleyrogue 23 hrs ago #85
Too nice to Graham Delarage 23 hrs ago #86
So your okay with a republican winning the KY seat onenote 19 hrs ago #93
I respect your opinion JBTaurus83 18 hrs ago #100
Do it. Blue Owl Yesterday #2
DO IT!!! 2naSalit Yesterday #3
Do it, and don't wait! WestMichRad Yesterday #4
Agree Tetrachloride Yesterday #9
I liked Andy Beshear, but... RT Atlanta Yesterday #5
What does this actually mean? There is no vacancy, he can't wish one into existence. tritsofme Yesterday #15
Yes, there are steps to take. The first one is wnylib Yesterday #19
That is not a step. Only the Senate can expel a member who is incapacitated. MikeyDi Yesterday #21
OK. Point taken about the Senate being who can expel a member wnylib Yesterday #47
I know there is a difference. Clearly there is. MikeyDi Yesterday #51
That was just pure fantasy nonsense, demanding Beshear perform magical and impossible feats. tritsofme Yesterday #29
Oh my. What a quandary. There is no vacancy, wnylib Yesterday #50
He could be in a coma for the rest of his term, and no one could force him from office tritsofme Yesterday #53
100 percent correct. onenote Yesterday #60
It's not great. MikeyDi Yesterday #55
No court is going to order McConnell to provide Beshear with a medical update. onenote Yesterday #59
This was a great post JBTaurus83 17 hrs ago #107
Show up to the hospital JBTaurus83 17 hrs ago #104
And when the rehab center says no.....What then? MikeyDi 5 hrs ago #111
Section 152 of the Kentucky Constitution Blumancru 19 hrs ago #92
Whether you are describing the Kentucky provision correctly or not, it's not relevant. tritsofme 19 hrs ago #94
Ok then what if the turtle is dead and that is being concealed? Blumancru 19 hrs ago #95
It would ultimately fall to the Senate to decide. If Beshear declared a vacancy and appointed a senator tritsofme 18 hrs ago #98
And would be right MikeyDi 18 hrs ago #102
Well I guess there is nothing to do Blumancru 18 hrs ago #103
With this declaration, Escape Yesterday #6
it could force their hand at least themaguffin Yesterday #42
His "declaration" was that "if" the seat is vacant, he'll fight to establish his right to fill the vacancy. onenote Yesterday #63
And he just gave the Republicans a damn good reason to not come clean about hookaleft 23 hrs ago #83
Charles Booker won the Democratic primary to run in November. onenote 23 hrs ago #87
thanks hookaleft 22 hrs ago #89
Watch what they do, not what they say. MadMike47 Yesterday #7
Get the show on the road!!! MontanaMama Yesterday #8
He can't declare Mitch legally dead MikeyDi Yesterday #10
No, he can't declare him legally dead. But he can wnylib Yesterday #20
He can "demand" anything he wants. And his demands can be ignored. onenote Yesterday #23
I would go a step further than you. MikeyDi Yesterday #27
Good point. Another poster has told me that only the Senate wnylib Yesterday #56
Expulsion is expulsion by any means. MikeyDi Yesterday #61
So Beshear is just talking through his hat? How disappointing. wnylib Yesterday #66
People are putting words in his mouth. Read his quote. MikeyDi Yesterday #69
So for the time being, it means nothing and wnylib 23 hrs ago #78
I'm not sure why this is a problem. MikeyDi 23 hrs ago #79
I think that, since the staff and Republicans in Congress are wnylib 23 hrs ago #81
The answer to pretty much all of your questions: the only way to remove a Senator is for the Senate to expel him/her onenote Yesterday #67
Beshear could go to court for an order of examination of McConnell. wnylib Yesterday #33
And a court would deny his request. Besher has the burden of proof. And his appointment would be challenged in court onenote Yesterday #34
No, he couldn't. He has no standing to make such a request. tritsofme Yesterday #35
He can do neither of those things MikeyDi Yesterday #37
and/or seek to have a guardian appointed for mitch (if he's still alive) RT Atlanta Yesterday #40
There's no issue to "force". There is absolutely no basis for guardian/conservatorship tritsofme Yesterday #44
And what standing does Beshear have to involve himself in Mitch's health decisions? MikeyDi Yesterday #62
He could investigate "Abuse of a Corpse" Captain Zero Yesterday #57
Assuming Mcconnell is in a Vegetative state, or DEAD...Perhaps, this is more to Ars Longa Yesterday #11
Good for Gov. Andy Beshear! Please do this and end the stalemate FakeNoose Yesterday #12
Put your gears into overdrive Andy ! KS Toronado Yesterday #13
Waiting helps them orangecrush Yesterday #14
Waiting...as opposed to what? There is no vacancy today, there is no action for him to take. tritsofme Yesterday #17
'threatens'... Snackshack Yesterday #16
JUST. FUCKING. DO. IT. Geechie Yesterday #18
Do what? What do you want him to do? tritsofme Yesterday #30
I'm sure others have answered your repeated question better, but how about for starters Geechie 16 hrs ago #108
There would be no reason for Republicans to go to court. tritsofme 9 hrs ago #109
they would have to prove there's no vacancy Geechie 5 hrs ago #110
Prove to who? The fake senator just wouldn't be seated. tritsofme 5 hrs ago #112
No they wouldn't MikeyDi 5 hrs ago #114
That's not remotely what will happen. MikeyDi 5 hrs ago #113
He's been saying he'll challenge the law if the seat becomes vacant since the law was enacted in 2024 onenote Yesterday #22
I don't think anyone clicked the video or read the post. MikeyDi Yesterday #24
There are both US Constitution and State Constitution provisions in issue. onenote Yesterday #32
I think it's an interesting question but that the power likely likes with the legislature MikeyDi Yesterday #36
If Beshear initiates legislation, I expect he'd go to state court. If he acts and its challenged, onenote Yesterday #38
"threatens to go nuclear" vs. "restates previously held position" Sympthsical Yesterday #25
Clickbait also relies on no one reading or watching MikeyDi Yesterday #28
Yep. onenote Yesterday #68
Don't Threaten: DO IT NOW! Chasstev365 Yesterday #26
Do what? tritsofme Yesterday #31
Read my full post Chasstev365 Yesterday #41
The governor has no power over this Sympthsical Yesterday #43
There is no law that says the Governor could ask to see a hospitalized US Senator. Chasstev365 Yesterday #46
My senator literally disappeared for months Sympthsical Yesterday #52
I mean, this does seem to be one last area where we have some polity left in politics MikeyDi Yesterday #54
;-{) THIS Goonch Yesterday #39
Everybody saying, Just do it!!! MorbidButterflyTat Yesterday #45
I mean it's fun to type in all caps, but who exactly has the legal authority to compel him to "prove" anything? tritsofme Yesterday #49
Whatever compelled the MAGAts MorbidButterflyTat Yesterday #74
You should do it MikeyDi Yesterday #64
I didn't suggest he does MorbidButterflyTat Yesterday #76
Agee with wyblib CALL THEIR BLUFF usonian Yesterday #48
Like I said earlier, why don't you appoint a replacement? MikeyDi Yesterday #65
I support this move LetMyPeopleVote Yesterday #58
He should 100 percent say that MikeyDi Yesterday #70
Beshear first said in 2024 he would challenge the law "IF" there is a vacancy. onenote Yesterday #72
I personally believe that Beshear should win this challenge LetMyPeopleVote 23 hrs ago #82
I think he certainly has a chance of winning, but its not a slam dunk. onenote 23 hrs ago #88
This pleases me very much! QueerDuck Yesterday #71
Why? MikeyDi Yesterday #73
Hello. Goodbye. QueerDuck Yesterday #75
What do you think is happening? marble falls 23 hrs ago #84
Beshear is repeating his stance since 2024 MikeyDi 20 hrs ago #90
And why do you think he is repeating that strategy? marble falls 20 hrs ago #91
Political and practical reasons MikeyDi 18 hrs ago #96
So he understands the situation JBTaurus83 17 hrs ago #106
With apologees to Emily Dickensen ... marble falls 23 hrs ago #77
This is all bluster oldmanlynn 18 hrs ago #97
He's not "blustering" at all, you're just reacting to clickbait. tritsofme 18 hrs ago #99
There is literally nothing he can do MikeyDi 18 hrs ago #101
You haven't even given him a chance. JBTaurus83 17 hrs ago #105

valleyrogue

(2,866 posts)
85. Never, ever, ever Booker.
Thu Jul 16, 2026, 06:39 PM
23 hrs ago

He was a disaster for teachers as mayor of Newark. That is disqualifying in and of itself.

onenote

(46,552 posts)
93. So your okay with a republican winning the KY seat
Thu Jul 16, 2026, 10:40 PM
19 hrs ago

Do you think a republican in that seat will be better than a Democrat?

RT Atlanta

(2,900 posts)
5. I liked Andy Beshear, but...
Thu Jul 16, 2026, 10:58 AM
Yesterday

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

(19,976 posts)
15. What does this actually mean? There is no vacancy, he can't wish one into existence.
Thu Jul 16, 2026, 12:38 PM
Yesterday

There are no “steps” to take right now.

wnylib

(27,126 posts)
19. Yes, there are steps to take. The first one is
Thu Jul 16, 2026, 01:36 PM
Yesterday

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

(65 posts)
21. That is not a step. Only the Senate can expel a member who is incapacitated.
Thu Jul 16, 2026, 02:05 PM
Yesterday

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?

wnylib

(27,126 posts)
47. OK. Point taken about the Senate being who can expel a member
Thu Jul 16, 2026, 03:40 PM
Yesterday

But regarding your example of Ossoff and Warnock, there is an enormous difference between them and McConnell.

McConnell was already in bad physical shape before the emergency call to his home a month ago. He has also shown signs of being in bad mental shape before last month by freezing up and being unresponsive for so long that he had to be led away. It happened more than once.

Then he and his office went silent for a month after an emergency call to his home. It is reasonable and valid to question his condition and ability to continue as Senator. A photo, even if not AI, proves nothing about his mental state. His constituents, who hired him, are entitled to know if he can still represent them because, without him, they are being denied the representation that they are entitled to.

The Senate cannot make a decision about keeping or expelling him without information on his condition. Because of his hospitalization and previous public mental unresponsiveness, there is reason for the Senate to doubt his current capacity and to request sufficient medical info on whether he is capable of fulfilling his duties as Senator.

If Bashear cannot make that request on behalf of the same constituents that he and McConnell both serve, then surely the Senate can request the necessary info. But with the Republican control of the Senate, is that likely to happen?

So if by speaking out about McConnell's condition, Beshear can pressure Rs to give reliable evidence of McConnell's capacity, more power to him. Demanding evidence can be part of the pressure, even if he can't do it in court. But can't he go to court on behalf of the citizens of his state to ensure that they have Senate representation and not someone unable to represent them?

I can't answer that question. I am not a lawyer. I am bringing up points that seem just and logical issues of whether a Senator's mind still functions well enough to serve his constituents after a medical incident and public history of mental disruption. Those points have no analogy at all to Ossoff and Warnock.







MikeyDi

(65 posts)
51. I know there is a difference. Clearly there is.
Thu Jul 16, 2026, 04:21 PM
Yesterday

But there is no process for dealing with this.

People are demanding that Beshear create a policy out of thin air that has not existed in the 240 year history of the Constitution, enforce this policy, and somehow overcome all the forces that will say, "Bro, you made that up."

So as far as the law goes, Half Dead McConnell is the same as Millenial Ossoff.

We really need to get beyond this "Just do something" Political Culture. We keep demanding our politicians perform wizardry and get mad when they cannot.

People are legitimately mad that Democrats haven't removed Trump from office yet. I know these people. It's insane. How dare you fail to do this impossible thing?

tritsofme

(19,976 posts)
29. That was just pure fantasy nonsense, demanding Beshear perform magical and impossible feats.
Thu Jul 16, 2026, 02:44 PM
Yesterday

This only becomes a live question when there is a vacancy. There is no vacancy right now.

wnylib

(27,126 posts)
50. Oh my. What a quandary. There is no vacancy,
Thu Jul 16, 2026, 04:18 PM
Yesterday

(except likely in McConnell's head), but there is reason to believe that there should be a vacancy. But we can't establish that without medical information which nobody is permitted to get.

Meantime, are KY citizens represented in the Senate by 2 Senators or just one? Nobody is allowed to find out whether one of them is mentally functioning or mentally unable to function on their behalf.

Since McConnell has a history of mentally freezing up and being unresponsive in public so that he had to be led away while doing his job, and a month ago had a medical emergency at home, and has been silent for a month it is reasonable to ask for evidence that he can perform his job. Since his office refuses to give that evidence, other than a photo which says nothing about his mental ability, isn't it reasonable for the governor to request in court for that evidence on behalf of the KY citizens that the governor and Senator both serve?

I am not a lawyer, obviously. I can only point out what seems just and fair in the circumstances.

tritsofme

(19,976 posts)
53. He could be in a coma for the rest of his term, and no one could force him from office
Thu Jul 16, 2026, 04:26 PM
Yesterday

With the exception of 2/3 of senators acting to expel him.

Death, resignation, or expulsion. Those are the only options for ending a Senate term early.

It might not be fair, but it’s how the Constitution works.

MikeyDi

(65 posts)
55. It's not great.
Thu Jul 16, 2026, 04:31 PM
Yesterday

But I am a lawyer. And not great situations exist all over the place without laws to fix them.

There is no law to fix this.

I would 100 percent support a law that could pass Constitutional muster that dealt with the fact that we clearly have lawmakers in both parties not physically capable of doing the job.

By the way, I used to be pro proxy/vote by home for legislators, but I've flipped on that. You could have Mitch in bed for year while his wife or chief of staff voted for him.

onenote

(46,552 posts)
59. No court is going to order McConnell to provide Beshear with a medical update.
Thu Jul 16, 2026, 05:36 PM
Yesterday

Beshear has no grounds to make such a request. At the moment, from a legal standpoint, McConnell as established a prima facie case that he isn't dead. I know people don't believe the photo and statement are authentic or that anyone really has spoken to him. But that information is out there, and Beshear has the burden of countering it with evidence of his own, not speculation.

JBTaurus83

(1,906 posts)
104. Show up to the hospital
Fri Jul 17, 2026, 12:47 AM
17 hrs ago

And demand to see this demented zombie.
It’s really not that hard, Dems are always clawing at the side if victory. The man is either dead or incapacitated, go there, point it out for the world to see. What is so difficult?

Blumancru

(460 posts)
92. Section 152 of the Kentucky Constitution
Thu Jul 16, 2026, 10:28 PM
19 hrs ago

Allows the Governor to name a temporary replacement if the officeholder dies or (maybe) is incapacitated. It has been done several times in Kentucky’s history, notably with Alben Barkley in 1956.
The MAGAts passed a law to change that several years ago, knowing that the turtle would soon glitch permanently. Looks like Beshear will first try to determine if McConnell is even alive and will follow the constitution. Then let the MAGAts challenge it in court.
At question is if a law passed by the legislature can supersede a constitutional provision. And if functionally dead = dead. And if McConnell is incapacitated, which I think we can safely assume he is.

If it can, then you may as well not have a constitution. This should be interesting.

tritsofme

(19,976 posts)
94. Whether you are describing the Kentucky provision correctly or not, it's not relevant.
Thu Jul 16, 2026, 10:44 PM
19 hrs ago

No governor can declare a vacancy in a federal office due to incapacity.

A vacancy can only occur under the federal Constitution in the case of resignation, death, or expulsion.

Since there is no vacancy today, there is no action for Beshear to take, whether he would prevail in such a hypothetical suit notwithstanding.

Blumancru

(460 posts)
95. Ok then what if the turtle is dead and that is being concealed?
Thu Jul 16, 2026, 11:01 PM
19 hrs ago

They have certainly done worse things than that.
His being unable to vote is an improvement I suppose.

tritsofme

(19,976 posts)
98. It would ultimately fall to the Senate to decide. If Beshear declared a vacancy and appointed a senator
Thu Jul 16, 2026, 11:30 PM
18 hrs ago

Republicans would simply refuse to seat him on the basis that no vacancy exists.

MikeyDi

(65 posts)
102. And would be right
Thu Jul 16, 2026, 11:52 PM
18 hrs ago

Otherwise, Kemp can declare both Georgia seats vacant for “reasons.”

Escape

(594 posts)
6. With this declaration,
Thu Jul 16, 2026, 11:13 AM
Yesterday

I'm betting Beshear knows something more about Mitch's current condition than we do.

onenote

(46,552 posts)
63. His "declaration" was that "if" the seat is vacant, he'll fight to establish his right to fill the vacancy.
Thu Jul 16, 2026, 05:39 PM
Yesterday

It's meaningless until there is actually a vacancy. And he has no legal right or power to force McConnell or anyone else to respond to a request for "proof of life."

If he tries to appoint someone without the vacancy having been conclusively established -- and there is no indication he has any intent to do so despite what some here are demanding -- he would get nowhere.

hookaleft

(1,590 posts)
83. And he just gave the Republicans a damn good reason to not come clean about
Thu Jul 16, 2026, 06:37 PM
23 hrs ago

his condition. I guess we will have to wait until August 3. Any chance we have a Democrat that could run??

onenote

(46,552 posts)
87. Charles Booker won the Democratic primary to run in November.
Thu Jul 16, 2026, 07:00 PM
23 hrs ago

No reason he couldn't run in a special election.

MikeyDi

(65 posts)
10. He can't declare Mitch legally dead
Thu Jul 16, 2026, 11:24 AM
Yesterday

I don't think anyone actually read his quote.

There's an "if" in there.

wnylib

(27,126 posts)
20. No, he can't declare him legally dead. But he can
Thu Jul 16, 2026, 01:43 PM
Yesterday

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

(46,552 posts)
23. He can "demand" anything he wants. And his demands can be ignored.
Thu Jul 16, 2026, 02:20 PM
Yesterday

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

(65 posts)
27. I would go a step further than you.
Thu Jul 16, 2026, 02:29 PM
Yesterday

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

(27,126 posts)
56. Good point. Another poster has told me that only the Senate
Thu Jul 16, 2026, 04:46 PM
Yesterday

can expel another Senator. But does expulsion apply to a Senator who is physically or mentally unable to do the job? The word expulsion sounds like a penalty for an illegal or unethical act, which does not fit a person who is incapacitated due to a medical cause.

It gets more complex if the governor in this case is not legally permitted to get medical information on behalf of his constituents who have a right to know if the Senator that they hired with their votes is able to serve them.

Could KY constituents file in court for info on the Senator's mental and physical performance status? Wouldn't they have standing?

On legal issues, if it is established that McConnell is mentally incapacitated and that his staff and some Senators conspired to keep that info from the public, would they be liable to charges of fraud?

As it stands now, it appears that there is, as you put it, a black hole in the Constitution on this type of problem. I have been arguing from a point that seems to me to be fair and just, but have had it pointed out a number of times that my thoughts and suggestions are off base legally, or more bluntly, fantasy and nonsense. From a legal view, perhaps they are. But there is still a problem that I don't think should exist and maybe needs to be remedied in the law.

I read yesterday that there are some ideas floating around Congress about legally addressing the issue of absent members to prevent future problems like McConnell and the House member who recently returned after months of absence.

I remember that when Gabby Gifford was recovering from her gunshot injuries, it was Republicans who were clamoring for her dismissal even before her doctors knew the full extent of damage and recovery

Addressing the problem with laws and rules for the future might make it a neutral instead of partisan issue.



MikeyDi

(65 posts)
61. Expulsion is expulsion by any means.
Thu Jul 16, 2026, 05:37 PM
Yesterday

This is similar to Impeachment. An impeachable offense is anything the House deems it to be. A person's fingernails being too long can be an impeachable offense. These are political questions not legal questions.

If 2/3 of the Senate wants to expel a member because he or she smells badly, they can.

Like impeachment, this is not something that can be appealed to any court. Which is why Beshear going to a court is pointless. Courts have zero jurisdiction.

MikeyDi

(65 posts)
69. People are putting words in his mouth. Read his quote.
Thu Jul 16, 2026, 05:46 PM
Yesterday

He's talking about the state law that is triggered when the seat is vacated - which it is not.

He has been promising to challenge that law for two years.

He does have a case. I think he will lose but he has a legitimate argument to make. But he can't do anything until McConnell's funeral.

wnylib

(27,126 posts)
78. So for the time being, it means nothing and
Thu Jul 16, 2026, 06:27 PM
23 hrs ago

in reality, will not affect a replacement for McConnell since his condition could remain unknown through to the November election if his staff keeps quiet about his mental state and nobody can force them to give credible info.

MikeyDi

(65 posts)
79. I'm not sure why this is a problem.
Thu Jul 16, 2026, 06:30 PM
23 hrs ago

It's one less Republican vote.

I don't get why people are so eager to get to a special election that would almost certainly be won by a MAGA loon.

52 Republican votes instead of 53 is great for us.

wnylib

(27,126 posts)
81. I think that, since the staff and Republicans in Congress are
Thu Jul 16, 2026, 06:34 PM
23 hrs ago

being so silent, most people believe that they have a purpose or some advantage in mind.

onenote

(46,552 posts)
67. The answer to pretty much all of your questions: the only way to remove a Senator is for the Senate to expel him/her
Thu Jul 16, 2026, 05:45 PM
Yesterday

And that requires a 2/3 vote.

Ted Kennedy was absent from the Senate for long periods of time when he had brain cancer. You wouldn't have wanted a majority in the Senate to have the power to expel him would you?

You assume McConnell's constituents have a "right" to know his condition. Not only wouldn't they have standing, but disclosure of that information likely would violate HIPAA. And since the public has no right to know the details of McConnell's medical condition, they can't claim fraud for not being told what it actually is.

If you can find a credible story indicating there were efforts to force Gabby Giffords from office, I'd like to see it.

wnylib

(27,126 posts)
33. Beshear could go to court for an order of examination of McConnell.
Thu Jul 16, 2026, 02:48 PM
Yesterday

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

(46,552 posts)
34. And a court would deny his request. Besher has the burden of proof. And his appointment would be challenged in court
Thu Jul 16, 2026, 02:53 PM
Yesterday

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

(19,976 posts)
35. No, he couldn't. He has no standing to make such a request.
Thu Jul 16, 2026, 02:55 PM
Yesterday

Frankly, no one does.

I mean Beshear can send whatever make-believe pretend senator you want him to, but he won’t get sworn in, or even allowed in the building.

MikeyDi

(65 posts)
37. He can do neither of those things
Thu Jul 16, 2026, 02:58 PM
Yesterday

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)
40. and/or seek to have a guardian appointed for mitch (if he's still alive)
Thu Jul 16, 2026, 03:07 PM
Yesterday

this why guardianships/conservatorships exist

force the issue through legal process

tritsofme

(19,976 posts)
44. There's no issue to "force". There is absolutely no basis for guardian/conservatorship
Thu Jul 16, 2026, 03:19 PM
Yesterday

And even if there was, it wouldn’t stop him from being alive and occupying the Senate seat.

MikeyDi

(65 posts)
62. And what standing does Beshear have to involve himself in Mitch's health decisions?
Thu Jul 16, 2026, 05:38 PM
Yesterday

Can he get a court to review his will too?

Ars Longa

(753 posts)
11. Assuming Mcconnell is in a Vegetative state, or DEAD...Perhaps, this is more to
Thu Jul 16, 2026, 11:24 AM
Yesterday

"Smoke-Out" and force the hand of the PTB that are hiding Mcconnells true condition!

FakeNoose

(43,520 posts)
12. Good for Gov. Andy Beshear! Please do this and end the stalemate
Thu Jul 16, 2026, 11:33 AM
Yesterday

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.

tritsofme

(19,976 posts)
17. Waiting...as opposed to what? There is no vacancy today, there is no action for him to take.
Thu Jul 16, 2026, 12:39 PM
Yesterday

Snackshack

(2,617 posts)
16. 'threatens'...
Thu Jul 16, 2026, 12:39 PM
Yesterday

...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

(1,058 posts)
108. I'm sure others have answered your repeated question better, but how about for starters
Fri Jul 17, 2026, 01:19 AM
16 hrs ago

"challenge Republican lawmakers in court” as was stated in the OP?

Check out John Youngblood’s Facebook post, which has gone viral in the past week. Here, I’ll make it easy for you:

"Since McConnell won't (or more likely CANNOT) provide proof-of-life (and/or mental competence) Governor Bashear should just announce he will appoint his replacment.
The Republicans will no doubt go straight to the courts to block such a move.
And the court will most likely rule, immediately, that McConnell and the Republicans should simply provide proof McConnell is alive and well and that would be the end of it.
Force their hands, governor.
This charade has gone on long enough.
And if it turns out that McConnell has been in a vegetative state since admission to the hospital, likely considering all the details, than Senator John Thune and political commentator Scott Jennings are clearly liars. Thune should be censured and investigated for ethics violations, and Jennings should be summarily fired.
If it turns out on the other hand that McConnell beat the 95.6% odds stacked against him and he's doing fine, then HE should answer for his intentional silence.
Either way, this is all bull****.”

(emphasis mine)

https://www.facebook.com/share/p/1B3rZMBqLc/]

tritsofme

(19,976 posts)
109. There would be no reason for Republicans to go to court.
Fri Jul 17, 2026, 08:33 AM
9 hrs ago

The Senate would simply refuse to seat Beshear’s purported “appointee” because there is no vacancy to fill

These fever dreams are just that.

These arguments actually remind me a lot of the people pushing slates of fake Trump electors in 2020, that such a harebrained and outright illegal idea might somehow “work”

tritsofme

(19,976 posts)
112. Prove to who? The fake senator just wouldn't be seated.
Fri Jul 17, 2026, 12:46 PM
5 hrs ago

The “appointee” would be treated no differently than if you tried to appoint a senator this afternoon.

MikeyDi

(65 posts)
114. No they wouldn't
Fri Jul 17, 2026, 12:50 PM
5 hrs ago

First of all, Beshear lacks the power to appoint a Senator. As I say repeatedly, you and I have the same power to appoint a senator as he does.

Secondly, the presumption is that the seat is filled. Beshear can't prove that it's not even if he could appoint, which is currently cannot.

You want him to do two impossible things here.

MikeyDi

(65 posts)
113. That's not remotely what will happen.
Fri Jul 17, 2026, 12:48 PM
5 hrs ago

If Beshear announced a Senate replacement, Republicans would file a stay under the theory that Beshear:

a) does not have that authority under state law, and further
b) does not have proof that the seat is vacant.

The stay would be immediately granted and then appealed by Beshear. It would be swiftly upheld at the appellate level without making any ruling on the legality of the order for lack of case or controversy because the seat is not vacant.

At no point would proof of life be requested because Beshear lacks standing to demand such a thing.

onenote

(46,552 posts)
22. He's been saying he'll challenge the law if the seat becomes vacant since the law was enacted in 2024
Thu Jul 16, 2026, 02:16 PM
Yesterday

Another click bait headline.

MikeyDi

(65 posts)
24. I don't think anyone clicked the video or read the post.
Thu Jul 16, 2026, 02:23 PM
Yesterday

"Kentucky Gov. Andy Beshear says he is prepared to challenge Republican lawmakers in court over who has the authority to fill Mitch McConnell’s 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

(46,552 posts)
32. There are both US Constitution and State Constitution provisions in issue.
Thu Jul 16, 2026, 02:48 PM
Yesterday

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

(65 posts)
36. I think it's an interesting question but that the power likely likes with the legislature
Thu Jul 16, 2026, 02:56 PM
Yesterday

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

(46,552 posts)
38. If Beshear initiates legislation, I expect he'd go to state court. If he acts and its challenged,
Thu Jul 16, 2026, 02:59 PM
Yesterday

I expect the challengers will try to start in federal court.

Sympthsical

(11,395 posts)
25. "threatens to go nuclear" vs. "restates previously held position"
Thu Jul 16, 2026, 02:25 PM
Yesterday

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

(65 posts)
28. Clickbait also relies on no one reading or watching
Thu Jul 16, 2026, 02:32 PM
Yesterday

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!!!!

Sympthsical

(11,395 posts)
43. The governor has no power over this
Thu Jul 16, 2026, 03:12 PM
Yesterday

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.

Chasstev365

(8,608 posts)
46. There is no law that says the Governor could ask to see a hospitalized US Senator.
Thu Jul 16, 2026, 03:31 PM
Yesterday

If they refuse, it tells the world they are hiding his condition. Do you understand the concept of swaying public option?

If the shoe was on the other foot, this is exactly what a Republican Governor would be doing, but you think it's best to not even try.


Sympthsical

(11,395 posts)
52. My senator literally disappeared for months
Thu Jul 16, 2026, 04:23 PM
Yesterday

So we don't have to "imagine" shoes on other feet, because it's been a thing. Not only a thing, but an occurrence with multiple people in the legislative branch. Jon Stewart just did a whole bit about it on the Daily Show.

I get it's McConnell, but social media demanding their conspiracies be answered should not be something politicians trouble themselves with.

Let me rephrase that.

Politicians in the Democratic Party who have aspirations for higher office should not take dictation from social media conspiracy theorists.

MikeyDi

(65 posts)
54. I mean, this does seem to be one last area where we have some polity left in politics
Thu Jul 16, 2026, 04:28 PM
Yesterday

Because everyone has something to lose.

Both sides have an alarming number of 80 and 90 year olds walking very cautiously around. I don't think anyone wants to start throwing old people at each other.

You know what I find amusing? Susan Collins is 73 and has been a senator since we stepped out of the primordial ooze. You know what is not an issue? Susan Collins' age. Because there are like 25 senators older than she is.

MorbidButterflyTat

(5,136 posts)
45. Everybody saying, Just do it!!!
Thu Jul 16, 2026, 03:19 PM
Yesterday
"...fill Mitch McConnell’s Senate seat if it becomes vacant..."

"...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.

tritsofme

(19,976 posts)
49. I mean it's fun to type in all caps, but who exactly has the legal authority to compel him to "prove" anything?
Thu Jul 16, 2026, 03:51 PM
Yesterday

A sitting senator doesn’t bear the burden of proving he’s still entitled to his office. The Constitution presumes he remains in office until a vacancy actually exists.

MorbidButterflyTat

(5,136 posts)
74. Whatever compelled the MAGAts
Thu Jul 16, 2026, 05:53 PM
Yesterday

to produce a ridiculous fake proof of life photo should be sufficient to compel them to produce his living carcass. They had some reason for doing it.

No lame snark or mansplaining is required.

MikeyDi

(65 posts)
64. You should do it
Thu Jul 16, 2026, 05:41 PM
Yesterday

You have as much legal authority to appoint a replacement for McConnell as Beshear does.

MorbidButterflyTat

(5,136 posts)
76. I didn't suggest he does
Thu Jul 16, 2026, 06:04 PM
Yesterday

I would be satisfied with a Lawrence O'Donnell interview proving Moscow Mitch hasn't been reanimated.

usonian

(27,592 posts)
48. Agee with wyblib CALL THEIR BLUFF
Thu Jul 16, 2026, 03:42 PM
Yesterday

"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."

MikeyDi

(65 posts)
65. Like I said earlier, why don't you appoint a replacement?
Thu Jul 16, 2026, 05:42 PM
Yesterday

You have as much authority as Beshear.

CALL THEIR BLUFF!!

MikeyDi

(65 posts)
70. He should 100 percent say that
Thu Jul 16, 2026, 05:49 PM
Yesterday

He can't make him.

And once he says it, everyone here is going to screaming at him to make him.

onenote

(46,552 posts)
72. Beshear first said in 2024 he would challenge the law "IF" there is a vacancy.
Thu Jul 16, 2026, 05:51 PM
Yesterday

He hasn't changed that position. But there isn't a vacancy for him to fill and he's not going to try to do so without the existence of a vacancy having been established. And he can't do anything to force McConnell to provide "proof of life."

MikeyDi

(65 posts)
90. Beshear is repeating his stance since 2024
Thu Jul 16, 2026, 09:22 PM
20 hrs ago

And people are reading fantasies into it thanks to clickbait headlines.

MikeyDi

(65 posts)
96. Political and practical reasons
Thu Jul 16, 2026, 11:22 PM
18 hrs ago

1. Political. The people online screaming “do something” need to be fed something, I think.

2. Practical. He obviously hates this law and probably has the lawsuit ready to filed the second McConnell shuffles off.

marble falls

(73,760 posts)
77. With apologees to Emily Dickensen ...
Thu Jul 16, 2026, 06:24 PM
23 hrs ago

They seek Mitch here,
They seek Mitch there,
Those MAGAts seek him everywhere!
Is he in Louisville, is he in hell,
that damned elusive McConnell.

I say Beshear ought to support just letting him hang in the wind.

MikeyDi

(65 posts)
101. There is literally nothing he can do
Thu Jul 16, 2026, 11:51 PM
18 hrs ago

He’s clearly stating what he will do if/when the opportunity presents itself.

He’s not lying.

Latest Discussions»General Discussion»Kentucky Governor Threate...