Senator Mitch McConnell is not well. Without going too deep into an armchair diagnosis of his recent spate of freezes and falls, it shouldn’t be controversial to say that an 81-year-old man who mysteriously stops talking and can’t start up again is likely suffering from some kind of significant health issue.

If he were a woman, the calls for him to retire would be deafening. If he were a Democrat, the calls would be coming from within his own party. If he were Joe Biden, The New York Times would run a three-part exposé on his nap times while CNN ran a “25th Amendment Tracker” keeping tabs on which cabinet officials had publicly agreed to remove him from power. But McConnell is a Republican man, which means nobody is going to pressure him into getting out of the way so somebody else can frost the glass of representative democracy.

McConnell, of course, shows no sign of being willing to retire. In private calls, he has allegedly assured Republicans that he is “fine,” and I guess everybody is supposed to take his word for it. The most simple reason for his intransigence is the pride that seems to afflict every octogenarian politician in this broken republic. For reasons I hope to live long enough to discover, old politicians seem to think they are indispensable and will continue to run for office and cling to power until the great Voter in the Sky escorts them to a farm upstate. McConnell may simply be doing what others in his generational cohort do: refuse to cede the floor to the future.

But that explanation risks treating McConnell as a normal person, and McConnell is far from normal. He is perhaps the most successful congressional operator since Henry Clay and a man who wouldn’t turn on a light switch unless it somehow helped Republicans win political power. Whether or not McConnell wants to retire is irrelevant; from his perspective, he probably can’t. That’s because his home state of Kentucky has a Democratic governor, and a law McConnell helped engineer to limit that governor’s choices on McConnell’s replacement is probably unconstitutional.

In 2019, Kentucky shocked the country by electing Andy Beshear, a Democrat, as its governor (yada, yada, all politics is local). This year, Beshear is up for reelection, and he’s running against McConnell ally Daniel Cameron, who was last seen refusing to indict the police officers who killed Breonna Taylor. Beshear leads Cameron by eight points, according to recent polling data.

Kentucky is one of 46 states that allow their governor to fill US Senate vacancies until a special election can be held and the voters can determine who will finish the senatorial term. (North Dakota, Oregon, Rhode Island, and Wisconsin are the only states that don’t allow these kinds of temporary gubernatorial appointments but instead go straight to special elections.) This means that if McConnell retires while Beshear is in office (which might be for a long time yet), Beshear gets to fill his seat temporarily.

But there’s a catch. In 2021, at the urging of McConnell, Kentucky became the 11th state to limit the governor’s choices for a replacement senator. The Kentucky law requires the governor to pick a senator from the same party as the retiring senator, and requires the governor to pick from a list of three candidates provided by the executive committee of the departing senator’s political party. The Kentucky legislature passed the law over Beshear’s veto.

If that scheme sounds odd to you, it should, because it almost certainly violates the 17th Amendment of the Constitution. The 17th Amendment, ratified in 1913, provided for the direct election of senators by popular vote. The amendment also empowers the “executive authority of the state”—which means the governor—to fill Senate vacancies, as long as the legislature gives them authority to do so before a special election is held. Before the change, senators were chosen directly by state legislatures, which meant that party bosses were able to hand out Senate appointments as if they were a patronage position.

Kentucky’s replacement law is exactly the kind of thing the 17th Amendment was meant to stop. In his veto statement, Beshear explained the constitutional problems with the law as well as I can. The governor wrote: “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 set for a United States Senator set forth in the Constitution.”

If McConnell retires, the most likely thing for Beshear to do would be to appoint whomever he wants, let the Kentucky legislature sue him, and take the case to the Supreme Court. Despite Republican control of the court, I think Kentucky’s law is likely to lose. Even conservative legal commentators have noted the potential constitutional weakness of the Kentucky replacement scheme.

Still, even if Kentucky’s legislature manages to overcome the 17th Amendment, there is yet another wrinkle: Who is going to tell Beshear’s replacement senator to go home? Remember, as of now, Democrats still control the Senate. Beshear would name a replacement; that replacement would present his credentials to the Democratic-controlled Senate; and that’s just about all it takes to make a new incumbent a senator. By the time the appeals made it to the Supreme Court, Kentucky would be at or near the special election anyway.

McConnell, of all people, understands how raw political power works, and he surely understands that Democrats have it right now, regardless of Kentucky’s constitutionally questionable law. Even if McConnell’s Senate seat flips to a Democrat for only a few months, those are a few months during which the Democratic majority would be freed from the clutches of Joe Manchin and Kyrsten Sinema. A motivated party could push through a lot of federal judges in a few months.

Whether McConnell retires “gracefully” or orders his staff to Weekend at Bernie’s him until 2026 probably depends on whether Beshear wins reelection in Kentucky. McConnell may be unwell, but I doubt he’s forgotten “how to do politics.” Ironically, McConnell’s entire accursed career has probably done the most work to create the Senate conditions that require him to hang on until the bitter end. The Senate that McConnell created is one devoid of grace: It’s now just a raw exercise in obstruction, where even human frailty is exploited for partisan gain. Somewhere, I bet Ted Kennedy (whose death McConnell exploited to deny the inclusion of a public option in the Affordable Care Act) is watching McConnell’s travails with great interest.

McConnell’s legacy is partisanship, whatever the costs. That seething commitment to do only what is in the best interests of the Republican Party means that right now, McConnell is locked into his role as another Republican vote, at the cost of his dignity and health.

  • @AllonzeeLV@lemmy.world
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    9 months ago

    I can’t think of another Congressperson more deserving of publically convulsing and pissing himself live on C-SPAN for posterity.

    He didn’t hurt some people here or there. He’s made hurting the little guy to make people like himself richER his life’s mission, and unlike some of his knuckle dragging Republican compatriots too stupid not to get in their own ways, credit where it’s due, Mitch was adept at accomplishing his malice.

    Please don’t retire with any dignity, Mitch, even resigning on your own terms and walking out on your own two feet. You don’t deserve that.

  • @root_beer@midwest.social
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    469 months ago

    He knows that as soon as he retires, he dies. He’ll probably die in office, but not as quickly as he would if he stepped down now.

    He can’t die now. He has so many more lives to destroy.

  • Mossy Feathers (They/Them)
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    369 months ago

    Imo the scariest and saddest thing about all this is that these kinds of politicians are so political that they could have advanced dementia but due to how much of their life is politics, politics would probably be one of the last places it shows. Politics is their life, their motivation for getting up in the morning, it’s probably all they talk about with friends and family, etc.

    They’ll probably forget their friends and family before forgetting what law they’re trying to enact or how much they hate the other team.

  • @NevermindNoMind@lemmy.world
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    249 months ago

    Side bar that I found kind of interesting. Politico wrote about how senators in particular will not call for each other to resign, even members of the other party. With Fienstein, Republican senators were mum. With McConnell, Dem senators were the same. Politico had a bunch of other examples of ailing senators wandering around the building and senators of both parties just shrugging, but I don’t remember them. The reason is they generally are all old, or expect to still be serving when their old, and they all share a sense of “there but the grace of god goes I.” Just a neat little anecdote I read.

    You could take it negatively and critize the Senate for having so many old people, and there’s some validity to that for sure. Personally I’m more in the age is just a number camp, and I’ll point to congressman Don Beyer who is 72 years old and pursuing a master’s degree in machine learning so he can better help congres regulate AI. I’m also not going to tell 82 year old Bernie Sanders to get off the picket line. Being old and being out of touch are correlated (highly even), but it’s not necessarily causation. As for health concerns, I’ve had mine own and I’d err on the side of letting people decide for themselves when they are too gone to be effective. At least until it becomes a problem. Imo it’s a problem for Feinstien.

    Anyway, the other way to take the acedote is that at least there is still a chamber of Congress with some decorum and respect for the people they work with. It’s refreshing compared to the shit throwing freedom caucus monkeys running the house.

    • @Syringe@lemmy.world
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      59 months ago

      I understand why being that old in Congress is a problem for exactly the reasons you’ve outlined. I also understand that the elderly, for better or worse, are a voting demographic in America, and deserve representation in Congress from people who understand their issues.

      (I feel the same way about convicts… especially in America where ex cons are a significant part of the population)

  • @Rapidcreek@reddthat.com
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    239 months ago

    It’s ok for McConnell to freeze up like an old computer, or for tRump to talk like a mentally deranged person - but Biden is too old

  • Vaggumon
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    229 months ago

    Easy solution. Next time he resets, push him into a closet.

  • YeetPics
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    89 months ago

    So is this guy’s 5g antennae bugging out or is it just a rash of TIAs as he slips downwards?

  • @chalupapocalypse@lemmy.world
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    79 months ago

    Someone must have serious shit on this dude, can you imagine living your last days shitting your pants and freezing up instead of enjoying yourself before you die

    • billwashere
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      69 months ago

      Yeah this the part I don’t get. The last thing I wanna be doing in my 80s is having to deal with the chucklefucks like Cruz, Hawley, or Graham or any of the bullshit of Trump. I wanna be fishing or making furniture.

      • @agent_flounder
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        39 months ago

        Yes but you’re clearly not a sadistic, Machiavellian asshole. He gets off on what he does.

        • correcthorsedickbatterystaple
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          19 months ago

          i don’t like putting words in others’ mouths, but if i had to guess, or if it were my comment, my sentiment would be there’s nothing that would be constitutionally permitted that would cause or allow him to feel joy. the only way he feels joy is if it’s something to the determent of the american public and their consitution.

          but i’m not speaking for winterayars, they can speak for themselves if they wish to clarify.

    • @LucidNightmare@lemm.ee
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      19 months ago

      They’ve done nothing but enjoy their time. Getting taken out to fancy dinners/events, all paid for by their wealthy millionaire/billionaire masters. Yacht rides, fishing trips, probably other material things I’m sure. That’s more than I’ve had in my life, and they’ve lived it for at least 20-30 years. The job they’re in is how they’ve lived that luxurious bought out life. Fuck ‘em I say.

    • @LucidNightmare@lemm.ee
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      19 months ago

      They’ve done nothing but enjoy their time. Getting taken out to fancy dinners/events, all paid for by their wealthy millionaire/billionaire masters. Yacht rides, fishing trips, probably other material things I’m sure. That’s more than I’ve had in my life, and they’ve lived it for at least 20-30 years. The job they’re in is how they’ve lived that luxurious bought out life. Fuck ‘em I say.

  • @Magzmak@lemmy.world
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    79 months ago

    Why did I start reading that whole expo, it’s just painful to learn how terrible this person is. RIH Mitch (Rot in Hell)

    • wagoner
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      69 months ago

      Yes, same take but with no need to mention her having dedicated her life to destroy the legitimacy of the Senate and the Judicial branch. Because she didn’t do that, McConnell did, and continues to do so. Bottom line, The Nation says she needs to resign, just like McConnell needs to.

      Select quotes:

      “Two-thirds of Californians tell pollsters they think that Feinstein is unfit to stay as their senator. A majority of Democratic voters want her to resign. (I suspect, in their defense, that those who answer that they don’t want her to resign simply haven’t been reading the news about her state of acute unwellness.) Yet resign she won’t…”

      “…because of Feinstein’s unfathomable stubbornness, for all intents and purposes California is down to only one fully functioning senator.”

      “I agree with GOP presidential hopeful Nikki Haley on almost nothing of political substance. But she’s not wrong when she says that aged political leaders ought to face regular mental competency tests, in the same way as elderly drivers have to regularly retake parts of the driving test to weed out those who have become too impaired to safely navigate the roadways. If there were such a competency test for politicians, Californians would almost certainly be getting ready, right about now, to welcome a replacement for their senior senator.”