Kentucky gov plans to ignore law banning him from appointing Dem if McConnell steps down: report

[sheshe2]

snip

He added, "Beshear either says, ‘Hey, Republican Party, thank you for your list, but I’m appointing whoever I want’ and then that immediately gets challenged in court, or you could see Beshear taking the route of filing a lawsuit. I mean, he’s got the guts to defy it.”

The Washington Times Kerry Picket reports, "In Kentucky, Mr. Beshear set the stage to challenge the 2021 law when he declared it unconstitutional and vetoed it. The legislature’s Republican supermajority overrode the veto. In a veto message, the governor cited the U.S. Constitution’s 17th Amendment passed in 1912, which states that the legislature 'may empower the executive' to make temporary appointments to fill a senate vacancy."

As Beshear wrote at the time, "The bill … upends a century of precedent by delegating the power to select the representative of all Kentuckians to an unelected, unaccountable committee of an organization that represents only a fraction of Kentuckians. The Seventeenth Amendment does not authorize legislatures to direct how the Governor makes an appointment to fill vacancies, and the legislature may not impose an additional qualification on who the Governor may appoint beyond the qualifications for a United States Senator set forth in the Constitution.”


https://www.alternet.org/kentucky-gov-ignore-law-mcconnell/?utm_source=dlvr.it&utm_medium=mastodon

It could happen.

[elleng]

1. Beshear's one to watch.

[sheshe2]

8. Yes he is!

[MOMFUDSKI]

22. Finally

Bringing a gun to a gun battle.

[elleng]

23. Yes he does!

[yardwork]

70. He's very popular in Kentucky, too.

[Sneederbunk]

2. Wonder if the irony is lost on McConnell.

Repugs will be wheeling him in on a handcart.

[walkingman]

5. Funny, but true. Turtle on a dolly! 😍

[calguy]

7. If he dies, they'll keep him in freezer till the next election

[peppertree]

41. Ha! I can just hear them now:

"No, you nitwit! That's Walt Disney!!"

[Zambero]

26. Kentucky Mitch, who rigged two SCOTUS positions

Using different tactics for each, but flaunting precedent nevertheless. It's about time that Karma smacked him and his party in the face!

[DemocraticPatriot]

49. They'll be propping him up like "Weekend at Bernie's"

But yes, glad to see a Democrat willing to play hardball like the Republicans do...


The Kentucky governor's 2028 stock has just risen.

I don't know much about him, except that he managed to get elected in Kentucky,
and so far is favored for re-election by ten poll points---

but this one thing, I really like....

[LenaBaby61]

56. "But yes, glad to see a Democrat willing to play hardball like the Republicans do..."

This 👆🏻👆🏻👆🏻👆🏻

[JudyM]

67. This. 👆 👆 👆 👆

More, please. Obama was far too gentle in addressing McConnell’s deplorable judiciary power grab.

[CatWoman]

72. yes!!!

much, much more!!!!!

McConnell was the driving force in getting that insulting law passed.

Here in Georgia, when Carter's son ran for governor, the GOP preemptively passed a law forbidding medicaid expansion.

[msongs]

3. and how would that affect his reelection campaign next yr? nt

[DemocraticPatriot]

51. The people like politicians with some guts---

even MAGATs...

[BigmanPigman]

4. If this is the case Mitch will never "step down"

I think he needs to be extremely unhealthy before he or party members would encourage that decision.

Hillary said that Feinstein shouldn't step down since it would hurt Dems by keeping more judges from being appointed. Not the exact same situation as McConnell but she has a good point.

[malaise]

9. MoscowMitch's body will step down for him

Just like all of ours

[leftieNanner]

10. Exactly

Senator Feinstein asked for a temporary replacement while she recovered from shingles on the Judiciary Committee and the Repugs said NO! That allowed them to block all judicial nominees until she returned. I guess the committees are set up at the beginning of each term and any changes have to be approved.

Mitch won't leave except on a stretcher.

[usonian]

48. See #14 below.

Who will play Transylvanian Lullaby for Mitch?

[ZonkerHarris]

21. Mitch may not have a say about it Appeared like the Angel of Death was looking right at him when he

froze the other day.
Dude saw the Scythe.

[DemocraticPatriot]

50. And I can only think of one or two more deserving candidates,

but that is open to debate....

[Diamond_Dog]

6. Go for it, Gov. Beshear!

Hey, Republicans always get away with ignoring rules. Two can play at that game.

Assuming Turtle steps down. Or is carried out feet first….

[jimfields33]

33. He has an election in 3 months. I personally wished he waited until November 10th or so

To mention this. Kentucky is still a very red state. Last thing we need is a motivated Republican Party.

[SickOfTheOnePct]

45. Same

I really like him, but would have preferred he wait.

On the other hand, he is way ahead in the polls.

Personally, I think governors should appoint Senators from the same party as the Senator who left office because that’s the party the people of the state elected.

By the same token if someone is elected in one party and then switches, I think they should have to vacate the seat a special election should be held.

I wouldn’t put it past the KY legislature to convene and take away his right to appoint a Senator .

[jimfields33]

47. I know Maryland, Vermont and Massachusetts said they'd replace senators by

Senate departing party. I think that was during the primary where bernie and Elizabeth were running. I think I love the idea of switching parties a new election should be held. That’s brilliant.

[Maru Kitteh]

11. That language doesn't portend well for a challenge "may empower"

1) May does not equal will
2) Empower means to grant or give some measure of power where it did not previously and perhaps naturally exist before.

Of course I'm not a lawyer.

Lawyers, am I correct on this?

[bucolic_frolic]

13. I don't know if previous laws empowered appointments, but it is likely. Many states have.

This GOP legislature sought to place restrictions on the Governor's choice and pool of selections. That's empower and direct, or empower with limits.

The 17th Amendment to the Constitution enabled the direct election of Senators by voters. Previously state legislatures appointed them. So this GOP bill tries to restore powers removed by the 17th Amendment - having a hand in appointing Senators.

[Maru Kitteh]

75. Thanks, this makes sense and I was unaware of previous statutes

I think this could be an interesting test for sure.

[appmanga]

29. "The legislature may empower..."

...reads to me that the legislature may give the governor the chance to appoint someone, but it goes no further than that. Beshear's argument is the legislature can't add any more qualifications to the those outlined in the Constitution. I find that argument persuasive. Also, the governor is empowered by the Constitution to call a special election if they so choose.

[onenote]

73. The full language:

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, if there is a vacancy, Beshear "shall" call for an election to fill the vacancy; BUT, as a temporary measure to fill the vacancy until such election is held, the state legislature "may" empower the governor to appoint a replacement.

Given that the legislature doesn't have to provide for a temporary appointment if it so chooses and given that the laws throughout the country vary in the conditions placed by the legislature on the temporary appointment of a senator, I have my doubts that Beshear's legal theory that the legislator can't condition the appointment on it being a member of the party that previously held the seat.

[bucolic_frolic]

12. Paradise. Dems should take nothing lying down. Do what you believe is right and let the chips fall

Let the courts rule. Courts still decide things, not a microcosm of party hacks.

You can't tiptoe through life being afraid of everything.

[Cheezoholic]

58. I agree, and in that vein I think the Govenor

and the Democrats in the legislature should have gone on the offensive and taken this law to court the minute it was overridden.

[usonian]

14. They will do everything to keep Mitch alive.

[sheshe2]

16. Bwahahaha.

[mahina]

54. HA!

so great. thanks.

[Mr.Bill]

15. I hear they are outfitting a

refrigerated limousine to take him back and forth to the Capitol building.

[sheshe2]

19. A weekend at Bernies!

[Rhiannon12866]

17. Ignoring laws is something they learned from TFG, another reason he needs to face conviction

[ZonkerHarris]

18. just added to my list of "Democrats with Guts"

[Marthe48]

20. The only way to stop the power grab

is to stop the power grab.

[sellitman]

24. Weekend at Mitch's

[oldsoftie]

25. Normally I'd be against ignoring a law, but Karma is a Mitch

[DemocraticPatriot]

55. Mitch ignored not just the law, but the Constitution...

when it was to his advantage to do so.

[mountain grammy]

27. now Mitch just has to die.. go ahead Mitch.

die you sonofabitch.

[70sEraVet]

28. I live right across the line, in Tennessee. I WISH we had a Governor Beshear!

[RandySF]

30. Unforced error

He can’t afford to nationalize the race in such a red state, especially when there’s no announced vacancy.

[sheshe2]

31. I am assuming the man will wait for the vacancy. Randy.

[RandySF]

32. Which is why he should not have let his plans known.

[Polybius]

64. Exactly

Isn't he up for reelection in November?

[RandySF]

65. Yep

[sl8]

68. What plans has the governor made known?

The story is from the Washington Examiner and the source is a lawyer's speculation. I think the headline came fron Raw Story.

The quote from the Governor is from when he vetoed the legislation. I haven't seen anything from' him regarding replacing McConnell.

Here's another article on the same topic, from the Lexington Herald-Leader



Ky. Dems predict challenge to Senate replacement law amid focus on McConnell’s health

BY AUSTIN HORN

Read more at: https://www.kentucky.com/news/politics-government/article277714983.html

[onenote]

74. Yes. But if lots of DUers haven't figured that out, what are the odds the public at large will?

[ShazzieB]

34. Good for Beshear!

This could get interesting! Or at least it will if Mitch decides to step down early instead of trying to hold out till January 2027.

I've got my 🍿 all ready to pop any time, whether it be for a turtle retirement (a returtlement?), new TFG indictments, or all of the above!

[sheshe2]

35. He will not make it to 2027.

Did you see him? He has been very ill for a long time and the gOP are going to cover it up for as long as they can.

Returtlement.

[ShazzieB]

44. Yeah I don't think he can make it, either.

But like you said, the GOP will prop him up for as long as they possibly can, so it may be a while regardless.

[rpannier]

60. He may not have to

This is an election year in KY.
Governor's race is this year

[Attilatheblond]

36. Unfamiliar with KY pols, but is there a good DEM who could 'switch parties' so Beshear could appoint

and they could both moon the GOP in state legislature?

[AllyCat]

39. The unelected GQP committee gets to appoint

They would never put forward a name that wasn’t entrenched GQP loon

[PortTack]

37. Go Gov Beshear!!

[AllyCat]

38. I think it's a $hitty law, and the reason they put it through

is $hitty, but it’s still the law. If he can find a way, I’m all for it, but Dems follow the law, unlike the horrible republicans.

[SickOfTheOnePct]

46. We're supposed to at least

But he truly believes it’s unconstitutional, then I guess he can make his case in court.

By signaling his plans, he’s basically just told the KY legislature to take away his ability to appoint Senators.

[HariSeldon]

79. That still leaves Republicans one vote shorter in the Senate

Beshear can make the appointment of a Democrat, and the KY legislature can fight him in court. The worst that can happen is the court says, "No, you can't appoint that person. If you appoint anyone to fill the vacancy, it must be someone from the list provided by the committee." Meanwhile, KY only has one Senator while the court case plays out through all it's appeals, leaving the Senate more firmly in the hands of the Democrats.

[SickOfTheOnePct]

80. Agree that he can do that

I personally believe that all governors should appoint from the party of the vacancy in these cases, as that’s the party that the entire state voted for. I realize that’s not a popular opinion here, but I’m ok with that.

By the same token, I think that when any legislator switches parties in the middle of a term, a special election should have to be held, as that’s not the party that people voted for.

[MayReasonRule]

66. Unlawful "Laws" Are Not Lawful - That Is The Law...

[NYC Liberal]

82. This is how you challenge the constitutionality of the law.

There has to be a case or controversy for the courts to hear it (Article III). You go against the law, the Republicans challenge it, and then you've got a controversy that can be ruled on.

[DemocratInPa]

40. This is awesome..

Just hope and pray this won't hurt his reelection chances..

Beshear is an amazing Gov.

[gopiscrap]

84. welcome to DU

[republianmushroom]

42. Do it, Willis, just do it.

[Music Man]

43. I'm skeptical of all this.

The article references no "plans" from Beshear, who has not commented on this at all. This comes from a report by the conservative Washington Times that quotes Democratic sources who say Beshear has "set the stage" to appoint a Democrat based on his attempted veto of the bill in 2021.

Don't get excited here, folks. Not happening.

[wnylib]

52. I never believe anything from the Washington Times.

They are as credible as a source as the National Enquired or Fox TV.

[DemocraticPatriot]

57. Nothing can happen unless and until Mitch DIES...

I wish the son-of-a-bitch a fast trip.

[rpannier]

61. Good point

Especially since this is an election year in KY
Trying to gin up the republikkans for November 7?

[onenote]

71. Agreed.

If, and when, the circumstances arise where there is a vacancy to be filled, we'll see what he does. I have my doubts that his legal theory for ignoring the statute would be sustained.

[mahina]

53. If the roles were reversed, does anyone doubt for half a breath what Mitch would do?

He would do the same exactly minus the heads up and legal argument.

[DemocraticPatriot]

59. Mitch would say "we can do what we want because we are in power",

and as a matter of fact, he did say that already
about the Garland nomination,

which was clearly a STOLEN Supreme Court seat.

[William769]

62. Damn straight!

Oops I should have chosen that word more wisely.

[sheshe2]

63. Bwahaha

You.

[UpInArms]

69. Does anyone else recall the GQP wheeling

Strom Thurman into the senate on a gurney to vote?


President George W. Bush wishes Sen. Strom Thurmond happy birthday during a birthday celebration at the White House Dec. 6, 2002. The South Carolina senator turned 100 years old Thursday. White House photo by Eric Draper.


WAX2003062709 - WASHINGTON, June 27 (UPI) -- Former Sen. Strom Thurmond, R-S.C., the oldest and longest serving Senator, died on June 26, 2003, at 100 years old. Sen. Strom Thurmond, R-S.C., blows out a candle during his 100th birthday party on Dec. 5, 2002, on Capitol Hill. The lipstick on his forehead came from a Marilyn Monroe look-a-like. rlw/Roger L. Wollenberg/FILE UPI

[tritsofme]

77. Thurmond, Kennedy, McCain, Byrd, the list goes on and on.

I never understood this idea that a long serving politician has somehow earned the right to die in his seat. When they are no longer capable of representing their constituents, they should resign.

Say what you will of Feinstein’s age related issues, at least she is declining to seek reelection next year.

[cstanleytech]

76. It won't fly as it says they can "empower" which means they can choose to let him or not unless

of course the States Constitution says he can.
In that case the law is invalid until they revoke that part of the States Constitution.

[texasfiddler]

78. The GOP hails McConnell's Senate comeback!!

[LetMyPeopleVote]

81. I was wondering if this law needs to be challenged

[onenote]

87. Not sure what grounds would exist for challenging it.

Also, in addition to Kentucky, six other states (Hawaii, Maryland, Montana, North Carolina, West Virginia and Wyoming) require their governor to fill Senate vacancies from a list of nominees submitted by the previous senator’s party.

[JT45242]

83. Heard him speak yesterday, genuinely great guy

National assembly of Christian church (disciples of Christ) is in Louisville and he came and spoke as governor.

He talked about taking care of all, protecting the weak, all the stuff that Jesus taught.

He is actually a man if faith.

Proud to say that the assembly voted a condemnation of Christian nationalism as a dangerous and violent twisting of what following God should be.

He was obviously still upset deeply when he talked about his friend who was killed in a mass shooting a mile away from the conference center

[Hermit-The-Prog]

85. Thanks! I missed this when you posted.

My son told me about Beshear's statement, but I never got around to looking for the news.

Beshear knows the law. I'm inclined to trust his evaluation of the Kentucky Constitution over Moscow Mitch and co-conspirators.

[treestar]

86. This is great

Even the biggest critics have to admit here's a spine. He's probably right, too.