General Discussion

onenote

(46,518 posts)

11. Kentucky for a time had a law requiring appointment of a replacement from the same party

Sun Jul 12, 2026, 04:40 PM

Sunday

but they repealed it and passed new legislation providing only for replacing a senator via a special elections, which is the default procedure under the US Constitution. Beshear has asserted that the new legislation violates the Kentucky constitution, under which he claims he can appoint anyone he wants, but that issue would end up being decided in court and the repubs in the Senate would refuse to seat an appointed replacement while that litigation was pending and probably wouldn't be resolved before the end of the current Congress.

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MarineCombatEngineer Mz Pip Locutusofborg Attilatheblond MerryBlooms

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I'm no attorney, but I feel like a federal judge could order the hospital to report on McConnell's condition. [View all] flashman13 Sunday OP

Mortician/deceased confidentiality lame54 Sunday #1

Who is deceased in the OP's scenario? ColoringFool Sunday #16

I would think the governor of the state on behalf of the citizens of Kentucky. CrispyQ Sunday #2

I believe it is up to the judge to determine if the petitioner has standing. flashman13 Sunday #5

Puke evil lies catching up to them. They are never honest brokers, toss them all out. Blues Heron Sunday #3

No they couldn't. onenote Sunday #4

That is pretty categorical. Are you an attorney? Can you support that opinion? flashman13 Sunday #6

Yes, I'm an attorney. onenote Sunday #7

About appointing a replacement Mz Pip Sunday #10

Kentucky for a time had a law requiring appointment of a replacement from the same party onenote Sunday #11

The Republican legislature removed Beshear's ability to make an appointment. flashman13 Sunday #25

Doesn't the governor have a responsibility to appoint? orthoclad Sunday #37

There is a requirement in the law for a state to have two live senators Mysterian Sunday #17

Can you provide a citation? Is this a Kentucky law requirement? onenote Sunday #20

"shall be composed of two Senators" Mysterian Sunday #28

Right. And there can be vacancies. onenote Sunday #33

The law requires two senators Mysterian Sunday #41

The Constitution requires two Senate seats DetroitLegalBeagle Sunday #42

Correct. Not that it will matter to the person who has decided they are a legal expert. onenote Sunday #43

That's ridiculous Mysterian Yesterday #53

The citation is basic comprehension of the English language and common sense DetroitLegalBeagle Yesterday #54

So you got nothing Mysterian 23 hrs ago #55

I'm not an attorney but I think HIPAA also applies. yardwork Sunday #44

Correct. onenote Sunday #45

Thanks. yardwork Sunday #47

what if he is being abused? Skittles Sunday #19

Yeah. Wellness check. orthoclad Sunday #38

It's weird. Mz Pip Sunday #8

It's clear you are not an attorney. Ms. Toad Sunday #9

Wondering how well HIPAA would work if it were a Democratic Senator PuraVidaDreamin Sunday #13

The exact same way. Ms. Toad Sunday #15

Yep, HIPAA definitely would prevent the hospital or other third parties from releasing such information without consent. onenote Sunday #14

Again, I'm not an attorney, but a federal judge has immense power and can more than likely over ride HIPPA. flashman13 Sunday #29

No one had standing. Ms. Toad Sunday #34

Do HIPAA rights apply to a corpse? I think that is what we are dealing with here. flashman13 Sunday #35

Yes. For 50 years. Ms. Toad Sunday #36

He has not "reappeared": orthoclad Sunday #40

Why is this vitally important to large numbers of people? yardwork Sunday #48

HIPAA only applies to medical staff orthoclad Sunday #39

That is incorrect. HIPAA applies to everyone. yardwork Sunday #49

I stand corrected. It applies to hospital staff. orthoclad Sunday #50

It applies to everyone who could have access to his personal medical information. yardwork Sunday #51

Like Meta? orthoclad Sunday #52

Sorry, I hadn't seen your post when I made mine upthread. yardwork Sunday #46

I don't care about Senator McConnell's condition. I hope he doesn't come back to the Senate. patphil Sunday #12

The live McConnell has been defying Trump in recent months. flashman13 Sunday #30

i think beshear shd just declare the seat vacant and schedule an election. even if he's alive, mopinko Sunday #18

What utter nonsense. Why not just have every Democratic governor declare every Republican office vacant? tritsofme Sunday #21

is every republican office vacant? mopinko Sunday #23

And why wasn't Kirk's seat declared vacant? Because governors simply don't have the sort of arbitrary power you imagine. tritsofme Sunday #24

No judge is going to touch this DetroitLegalBeagle Sunday #22

CNN has him sitting up and smiling on their home page Bristlecone Sunday #26

Nope. Ocelot II Sunday #27

He's in rehab after a fall. LeftInTX Sunday #31

McConnell. Someone called him Schrodengers Senator lame54 Sunday #32