How Mitch McConnell could trigger a 'high-stakes court battle': legal experts
Source: Alternet.org · Bias: Left
Summary
According to sources for The Hill, Sen. Mitch McConnell (R-Kentucky) — who has been hospitalized since June 14 — had "lengthy conversations" with Senate Republican Whip John Barrasso (R-Wyoming) and Senate Majority Leader John Thune (R-South Dakota) earlier this week. And a GOP aide said that McConnell is anxious to "get back to work." Yet questions about McConnell's health persist, and both liberals and conservatives are saying that there needs to be greater transparency about the former Senate majority leader's illness — which, according to Washington Examiner reporter Kaelan Deese, is "drawing new attention to an unresolved legal question in Kentucky" that "could trigger a high-stakes court battle if the longtime Republican senator were unable to complete the remainder of his term."Deese reports, "The question carries added urgency because Kentucky's revised Senate vacancy law creates a narrow window for holding a special election before this fall’s already scheduled Senate race, raising the stakes if the former Republican Senate majority leader's seat were to become vacant in the coming weeks…. While Senate leaders and his staff have insisted he is recovering, coupled with Senate Majority Leader John Thune (R-SD) and others who've said they spoke with him on Monday, the prolonged absence has fueled speculation over what would happen if his seat became vacant before a key statutory deadline coming up in early August."The Examiner discussed that legal question with University of Kentucky political science professor Stephen Voss.According to Voss, "Kentucky's had an ongoing battle over executive authority since COVID with the Democratic governor in place. The legal battles have been raging during much of that time…. One thing (people) probably don't understand is that the U.S. Constitution does not specify how to fill Senate vacancies. Filling Senate vacancies was given to the states."That means that it's up to Kentucky, not any other state, to decide what happens with McConnell's seat in the U.S. Senate, Voss says."Voss also said Kentucky's government is unusual because it doesn't have a single executive branch headed solely by the governor," Deese reports. "Instead, several constitutional officers independently exercise executive authority, creating recurring disputes over how much power lawmakers can reassign. The renewed focus on how Kentucky handles Senate replacements stems from House Bill 622, a 2024 law that repealed Kentucky's longstanding practice of allowing the governor to appoint an interim U.S. senator. Instead, the law requires vacancies to be filled through a special election, with the governor's role limited to issuing a proclamation calling that election."Deese continues, "Under the current statute, a vacancy occurring before August 3 would trigger the process for a special election to fill the remainder of McConnell’s current term. But election law experts say the law, which has not yet been tested in court since taking effect in 2024, could face constitutional scrutiny."Josh Douglas, a University of Kentucky law professor, told Newsweek, "There's a wrinkle. The Kentucky Constitution, in Section 152, says the governor appoints when there is a vacancy in a statewide office, Yet the 17th Amendment to the U.S. Constitution says essentially that there should be an election but that the legislature can give the governor the ability to make a temporary appointment."
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