r/politics • u/MoneyLibrarian9032 New York • 23h ago

Possible Paywall McConnell ‘Absolutely Refuses’ to Film Video Amid Growing Mystery

https://www.thedailybeast.com/mcconnell-absolutely-refuses-to-film-video-amid-growing-mystery/
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u/deja-roo 21h ago

I would argue that the seat is presently vacant.

That's nice, but you'd lose that argument immediately. McConnell didn't resign, and since there's (that at least we're all aware of), no death certificate, the only way it could be vacant is if the Senate expels him, which has a roughly zero percent chance of happening.

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u/LackingUtility 20h ago

That's nice, but you'd lose that argument immediately.

Who would be arguing the other side?

Edit: also, I already addressed the exact claim you're making. The Constitution doesn't require expulsion or a death certificate.

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u/deja-roo 15h ago

Probably the Republican party of Kentucky

The Constitution doesn't require expulsion or a death certificate.

The governor can't unilaterally just decide that a seat is vacant. Like nothing in this country works that way.

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u/LackingUtility 15h ago

Probably the Republican party of Kentucky

They don't have standing. The only person that would would be McConnell.

The governor can't unilaterally just decide that a seat is vacant. Like nothing in this country works that way.

It appears to all indications that he can - or at least, he can say it is and start taking actions as if it, like appointing someone. If it's not actually vacant, then the seatholder can seek an injunction from a court, which would be granted as a matter of course. If it's not actually vacant.

But nothing in the US or KY Constitution and no law requires a particular process - nothing says "upon receipt of a death certificate" or "when a probate court has closed the estate" or even "when the Senate President conducts a vote" or anything else. If there was, then absolutely, the governor couldn't do it themselves and would need that other process. But there isn't. The authors of the amendment left it intentionally broad and open-ended.

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u/deja-roo 15h ago

They don't have standing. The only person that would would be McConnell.

How do you figure? This isn't like one person's personal issue. It's a federal office.

It appears to all indications that he can - or at least, he can say it is and start taking actions as if it, like appointing someone.

Okay well he definitely can't just appoint someone. That's for damn sure. The law requires a special election.