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DetroitLegalBeagle

(2,544 posts)
54. The citation is basic comprehension of the English language and common sense
Mon Jul 13, 2026, 09:54 AM
12 hrs ago

There is no structural way to ensure a Senate seat is always occupied. There is no line of succession for a Senate seat. Vacancies happen due to death or resignation or expulsion. Article 1 states "The Senate of the United States shall be composed of two Senators from each State." which means the Senate is made of 2 Senators from each state. it does not, in any way, state that the seats be occupied at all times. The 17th Amendment explicitly recognizes that vacancies happen and lays out how they are to be handled which means the the seats can sit empty until the vacancy is filled. Its ridiculous to interpret Article 1 as a requirement to have 2 living Senators at all times because that means the resignation, expulsion, or death of a Senator is technically Unconstitutional with that interpretation.

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Mortician/deceased confidentiality lame54 Yesterday #1
Who is deceased in the OP's scenario? ColoringFool Yesterday #16
I would think the governor of the state on behalf of the citizens of Kentucky. CrispyQ Yesterday #2
I believe it is up to the judge to determine if the petitioner has standing. flashman13 Yesterday #5
Puke evil lies catching up to them. They are never honest brokers, toss them all out. Blues Heron Yesterday #3
No they couldn't. onenote Yesterday #4
That is pretty categorical. Are you an attorney? Can you support that opinion? flashman13 Yesterday #6
Yes, I'm an attorney. onenote Yesterday #7
About appointing a replacement Mz Pip Yesterday #10
Kentucky for a time had a law requiring appointment of a replacement from the same party onenote Yesterday #11
The Republican legislature removed Beshear's ability to make an appointment. flashman13 Yesterday #25
Doesn't the governor have a responsibility to appoint? orthoclad Yesterday #37
There is a requirement in the law for a state to have two live senators Mysterian Yesterday #17
Can you provide a citation? Is this a Kentucky law requirement? onenote Yesterday #20
"shall be composed of two Senators" Mysterian Yesterday #28
Right. And there can be vacancies. onenote Yesterday #33
The law requires two senators Mysterian Yesterday #41
The Constitution requires two Senate seats DetroitLegalBeagle Yesterday #42
Correct. Not that it will matter to the person who has decided they are a legal expert. onenote Yesterday #43
That's ridiculous Mysterian 12 hrs ago #53
The citation is basic comprehension of the English language and common sense DetroitLegalBeagle 12 hrs ago #54
So you got nothing Mysterian 10 hrs ago #55
I'm not an attorney but I think HIPAA also applies. yardwork Yesterday #44
Correct. onenote Yesterday #45
Thanks. yardwork Yesterday #47
what if he is being abused? Skittles Yesterday #19
Yeah. Wellness check. orthoclad Yesterday #38
It's weird. Mz Pip Yesterday #8
It's clear you are not an attorney. Ms. Toad Yesterday #9
Wondering how well HIPAA would work if it were a Democratic Senator PuraVidaDreamin Yesterday #13
The exact same way. Ms. Toad Yesterday #15
Yep, HIPAA definitely would prevent the hospital or other third parties from releasing such information without consent. onenote Yesterday #14
Again, I'm not an attorney, but a federal judge has immense power and can more than likely over ride HIPPA. flashman13 Yesterday #29
No one had standing. Ms. Toad Yesterday #34
Do HIPAA rights apply to a corpse? I think that is what we are dealing with here. flashman13 Yesterday #35
Yes. For 50 years. Ms. Toad Yesterday #36
He has not "reappeared": orthoclad Yesterday #40
Why is this vitally important to large numbers of people? yardwork Yesterday #48
HIPAA only applies to medical staff orthoclad Yesterday #39
That is incorrect. HIPAA applies to everyone. yardwork Yesterday #49
I stand corrected. It applies to hospital staff. orthoclad Yesterday #50
It applies to everyone who could have access to his personal medical information. yardwork 23 hrs ago #51
Like Meta? orthoclad 23 hrs ago #52
Sorry, I hadn't seen your post when I made mine upthread. yardwork Yesterday #46
I don't care about Senator McConnell's condition. I hope he doesn't come back to the Senate. patphil Yesterday #12
The live McConnell has been defying Trump in recent months. flashman13 Yesterday #30
i think beshear shd just declare the seat vacant and schedule an election. even if he's alive, mopinko Yesterday #18
What utter nonsense. Why not just have every Democratic governor declare every Republican office vacant? tritsofme Yesterday #21
is every republican office vacant? mopinko Yesterday #23
And why wasn't Kirk's seat declared vacant? Because governors simply don't have the sort of arbitrary power you imagine. tritsofme Yesterday #24
No judge is going to touch this DetroitLegalBeagle Yesterday #22
CNN has him sitting up and smiling on their home page Bristlecone Yesterday #26
Nope. Ocelot II Yesterday #27
He's in rehab after a fall. LeftInTX Yesterday #31
McConnell. Someone called him Schrodengers Senator lame54 Yesterday #32
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