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In reply to the discussion: I'm no attorney, but I feel like a federal judge could order the hospital to report on McConnell's condition. [View all]
onenote
(46,513 posts)11. Kentucky for a time had a law requiring appointment of a replacement from the same party
but they repealed it and passed new legislation providing only for replacing a senator via a special elections, which is the default procedure under the US Constitution.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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I'm no attorney, but I feel like a federal judge could order the hospital to report on McConnell's condition. [View all]
flashman13
20 hrs ago
OP
I would think the governor of the state on behalf of the citizens of Kentucky.
CrispyQ
20 hrs ago
#2
I believe it is up to the judge to determine if the petitioner has standing.
flashman13
19 hrs ago
#5
Puke evil lies catching up to them. They are never honest brokers, toss them all out.
Blues Heron
19 hrs ago
#3
That is pretty categorical. Are you an attorney? Can you support that opinion?
flashman13
19 hrs ago
#6
Kentucky for a time had a law requiring appointment of a replacement from the same party
onenote
19 hrs ago
#11
The Republican legislature removed Beshear's ability to make an appointment.
flashman13
18 hrs ago
#25
Correct. Not that it will matter to the person who has decided they are a legal expert.
onenote
14 hrs ago
#43
The citation is basic comprehension of the English language and common sense
DetroitLegalBeagle
2 hrs ago
#54
Yep, HIPAA definitely would prevent the hospital or other third parties from releasing such information without consent.
onenote
19 hrs ago
#14
Again, I'm not an attorney, but a federal judge has immense power and can more than likely over ride HIPPA.
flashman13
17 hrs ago
#29
Do HIPAA rights apply to a corpse? I think that is what we are dealing with here.
flashman13
16 hrs ago
#35
It applies to everyone who could have access to his personal medical information.
yardwork
13 hrs ago
#51
I don't care about Senator McConnell's condition. I hope he doesn't come back to the Senate.
patphil
19 hrs ago
#12
i think beshear shd just declare the seat vacant and schedule an election. even if he's alive,
mopinko
19 hrs ago
#18
What utter nonsense. Why not just have every Democratic governor declare every Republican office vacant?
tritsofme
18 hrs ago
#21