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U.S. Sen. Mitch McConnell (R-KY) speaks at a Senate hearing in Washington, D.C in May 2026.

50 Days, 50 Missed Votes: How McConnell’s Absence Is Stalling Kentucky’s Priorities From the farm bill to defense spending, Sen. Mitch McConnell's prolonged absence has left Kentucky without a decisive vote at a critical moment in Washington.

It has been over 50 days since U.S. Sen. Mitch McConnell was hospitalized after falling in his Washington, D.C., home. During his prolonged absence from public life, the Republican lawmaker has missed 60 roll call votes and the unofficial start of the campaign season, Kentucky’s Fancy Farm Picnic. 

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In late July, Gov. Andy Beshear, a Democrat, demanded that McConnell make a direct, public verbal address or video appearance to prove he is cognitively and physically able to serve or to resign. McConnell and his office have only released written updates with few details about the senator’s health. On Friday, McConnell released another statement saying that he had been discharged from the rehab center and will be doing physical therapy at home.

In his most recent statement, McConnell did not indicate when he would make a public appearance or return to work. 

Beshear noted in his letter to McConnell that the country is facing numerous challenges in his absence that he is required to address as an elected official and former Senate Republican leader. 

“President Trump is stuck in a war of his own making and has greatly strengthened the very country he claims is a threat. Prices continue to rise, crushing Americans who are working hard but not getting ahead,” Beshear wrote. “Americans’ voting rights are being eliminated by the Supreme Court and threatened by congressional action.” 

Here’s a brief breakdown of how McConnell’s absence is impacting Kentuckians: 

 

Kentuckians will not likely feel an impact on their day-to-day lives yet

Legal and politics experts noted that Kentuckians will likely not notice a difference in their lives just yet since McConnell’s staff is likely taking care of the daily operations required to keep existing federal programs running. 

“I doubt there’s much harm being done,” said Al Cross, retired professor emeritus of journalism at the University of Kentucky School of Journalism. “McConnell has a very good staff; they can take care of all the business that Kentucky has.” 

 

Farm Bill, Defense Authorization Act stalled

The long-time Republican senator holds influential positions in several key committees, including the Rules and Administration; Appropriations; and Agriculture, Nutrition, and Forestry committees. His long absence means he is no longer the deciding vote on committee panels where Republicans have a small majority over Democrats, like on the Appropriations Committee. 

This means multiple pieces of legislation lawmakers are trying to push out of committee have stalled since McConnell is not present to cast a tie-breaking vote. Committee leaders have also had to repeatedly delay or cancel scheduled markups and hearings for fiscal year funding bills due to the senator’s ill health. 

McConnell’s absence has directly impacted the advancement of the federal farm bill,  a major package of laws that impacts food and farming across the country, that is renewed roughly once every five years. Arkansas Sen. John Boozman (R ), chair of the Committee on Agriculture, Nutrition, and Forestry, cast a yes vote last week for the bill on McConnell’s behalf. While Senate rules do allow lawmakers the chance to vote by proxy in some cases, Boozman’s by proxy vote for McConnell did not count due to specific committee rules. 

The package sets national policy on agriculture, nutrition, conservation, and rural development, with nutrition being the largest part of it which includes multiple food assistance programs, like the Supplemental Nutrition Assistance Program (SNAP), formerly known as food stamps. 

Nearly 560,000 Kentuckians received SNAP funds in July of this year alone, according to data from the Cabinet for Health and Family Services. 

The House-passed version of the package does not expand the program and maintains cuts that were enacted last year. It also supports requiring states with SNAP error rates above 6 percent to cover a percentage of the program’s benefit cost based on a sliding scale. Before, the program was completely federally funded. 

McConnell’s weeks-long absence prevented Republicans from having enough votes to move the bill out of committee along party lines ahead of its August recess.

The 84-year-old senator serves as the chairman of the Senate Appropriations Subcommittee on Defense, and his lengthy absence has stalled national defense spending. His absence leaves the committee panel at a 14-14 partisan tie, preventing Republicans from passing defense appropriations or military funding packages against a unified Democratic opposition. 

The National Defense Authorization Act for fiscal year 2027 passed the House but has faced delays in the Senate, in part, due to McConnell’s absence. Democrats are opposing the bill in protest of the Trump administration’s ongoing war with Iran and over the bill’s proposed $1.15 trillion budget for national security, which they argue is an excessive increase coupled with cuts to domestic and non-defense programs. 

Democrats have also raised concerns over the inclusion of extreme-right provisions targeting the LGBTQ+ community in the annual spending bill and provisions that appear designed to more closely tie together U.S. and Israeli militaries. 

A House-passed version of the bill included an anti-transgender amendment that prohibits gender-related medical care under TRICARE, the healthcare program for members of the armed forces and their families. The provision also bars the program from covering the cost of gender-related medical procedures and treatments. Congress also passed an amendment to the bill that bans transgender girls from taking part in female sports at Department of Defense Activity schools. 

Republicans hold a small majority in the Senate, at 53-47, and McConnell’s continuing absence has tightened that margin. 

 

Potentially delayed some harmful Trump administration priorities

McConnell’s absence, in general, means that Republican lawmakers hold a little bit less power at the federal level, which some left-leaning elected officials have argued might be useful for the state and the country as a whole. 

Gov. Beshear told Bloomberg’s Joe Mathieu that McConnell’s ongoing absence means Republicans potentially can not count on his vote for the SAVE Act if the measure comes to the floor. Under the broader reiteration of the bill dubbed the SAVE America Act, voters would be required to show documents to prove their citizenship in person at the polling sites. Americans who have legally changed their names because of marriage or to better align with their gender identity might find this new requirement particularly challenging to meet. 

“Not having Mitch McConnell show up isn’t necessarily a bad thing because he certainly doesn’t show up to help the American people.”

Mitch McConnell behind a podium and pointing.

Mitch McConnell Discharged from Rehab Center, Returns Home for Physical Therapy

Kentucky Republican Sen. Mitch McConnell announced on Tuesday that he had been released from the rehab facility he was staying at following a fall several weeks ago. 

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“On the advice of my doctors, I’ll maintain an intensive regimen of physical therapy from home during the state work period, and I’ll continue to engage with my staff and colleagues on important Senate business,” he said in a statement

McConnell, 84, has not made a public appearance since being hospitalized on June 14 following what he described in a statement as a fall that left him “briefly unconscious.” 

“My doctors have confirmed that I didn’t break any bones or suffer a concussion. I didn’t have a heart attack or a stroke. I don’t have any tumors or hemorrhages,” he said in a statement in June. 

RELATED: What Can a Governor Do If a Sitting Senator Disappears?

His office published additional statements in late July saying he is still having “intense physical therapy.”

Questions have been raised about his ability to serve the remainder of his term, which ends in January 2027. Conspiracy theories emerged after McConnell’s office released two images of the senator with his wife, Elaine Chao. 

Kentucky Gov. Andy Beshear, a likely 2028 presidential contender, has called for McConnell to resign if he cannot serve in office anymore. 

“I am calling on you to directly and verbally address the people of Kentucky and provide proof of your capacity to serve, or resign,” Beshear wrote to McConnell late last month, according to the Associated Press.

McConnell’s absence has put a spotlight on a 2024 state law that changed how an empty U.S. Senate seat could be filled. Instead of the governor being allowed to select a temporary senator, it instead requires a special election to serve out the remaining term of the seat. McConnell’s term expires in January 2027.

Beshear vetoed the law, but the GOP-controlled legislature overrode the veto. There are competing claims to what could happen if a vacancy should emerge. 

Kentucky’s Competing Laws Make a Senate Vacancy Anything But Simple

Republican Sen. Mitch McConnell’s extended hospital stay has sparked more than conspiracy theories and proof-of-life memes. It’s raised a question Kentucky politicians and officials are grappling with: If a vacancy were to occur, who decides who will represent Kentucky in the U.S. Senate

McConnell, 84, has not made a public appearance since being hospitalized on June 14 following what he described in a statement as a fall that left him “briefly unconscious.” “My doctors have confirmed that I didn’t break any bones or suffer a concussion. I didn’t have a heart attack or a stroke. I don’t have any tumors or hemorrhages,” he said. His office published additional statements in late July saying he is still having “intense physical therapy.”

While his office has issued assurances that McConnell is stable and pushing through a rigorous regimen of physical therapy, two recently released bedside photos with his wife Elaine Chao have been mocked for their “staged” vibes, fueling speculation ranging from claims that the senator is on life support to suggestions that he is purposely convalescing to avoid dealing with the SAVE Act. For some, his absence at Fancy Farm was the last straw, and Kentucky Gov. Andy Beshear has been leading the charge among Democrats to call for the senator’s resignation. Were he to do so, what follows isn’t straightforward.

RELATED: What Can a Governor Do If a Sitting Senator Disappears?

“It’s actually pretty complicated,” Joshua A. Douglas, a professor and associate dean for research at the University of Kentucky Rosenberg College of Law, told Queer Kentucky. “And I think there’s a decent chance the issue could end up in the courts.”

To be clear, McConnell may be absent from the Senate floor, but he still has the seat — though senators are not permitted to vote when absent. McConnell has missed 46 votes since being hospitalized, and the empty chair has generated interest in an unresolved constitutional question involving Kentucky law and competing U.S. constitutional provisions.

Wielding a vote, a senator can affect federal legislation like the Equality Act, approve funding for programs including HIV prevention and treatment, and influence judicial confirmations that could be highly consequential for LGBTQ+ rights, such as marriage equality and trans protections.

In Kentucky, competing state laws are creating uncertainty about how a vacancy would be filled, should one arise — typically, this would happen as a result of death, resignation or expulsion from the Senate.

“Before 2024, Kentucky law allowed the governor to appoint a successor if there is a vacancy from a list of three people provided by the outgoing senator’s party,” explained Douglas. “But the legislature passed a new law in 2024, House Bill 622, that takes away the governor’s authority to fill a vacancy.”

That bill had been introduced in the wake of McConnell’s February 28, 2024, announcement that he would step down as Senate Republican leader, while serving the remainder of his term. While the bill was winding its way through Kentucky’s General Assembly, Beshear, a Democrat, vetoed it, but Kentucky’s GOP-controlled House and Senate overrode the veto.

“So, if there is a vacancy, the governor would call a special election,” said Douglas.

But it’s tricky.

RELATED: Sorry, Thomas Massie Is Not Running for McConnell’s Senate Seat

“The Kentucky Constitution Section 152 seems to contradict this,” Douglas told Queer Kentucky, quoting the provision’s language: “Vacancies in all offices for the state at large, or for districts larger than a county, shall be filled by appointment of the governor.”

And it gets more complicated when the 17th Amendment to the U.S. Constitution is taken into account. It establishes a federal framework, but how that framework interacts with Kentucky’s constitution and current statute is where things get murky.

The amendment permits a governor to make a temporary appointment until the vacancy is filled by election, if state law allows such appointments. Most states permit a governor to make a temporary appointment as per the 17th Amendment, and Kentucky law allowed this for about 80 years, until 2021, when McConnell and fellow Republicans backed a bill that was passed by the Republican-controlled legislature, which restricted how Beshear might fill a vacancy.

Per Kentucky’s current statute (HB 622), that would involve a special election. The person would only serve for the remainder of the current term, said Douglas. There would still be a regular election for the term that starts January 3, 2027, when the next U.S. Congress begins.

“Hence the contradiction,” he said, “The 17th Amendment says the legislature may authorize the governor to appoint a temporary replacement, the Kentucky Constitution says the governor appoints one, and the Kentucky legislature now says there must be a special election after the new law.”

Timing adds another layer of uncertainty.

While the current law says that there is a 63-day deadline for notice and a 56-day deadline for filing, Douglas said he doesn’t see a deadline requirement for the governor to call the special election.

“I don’t see anything in the law providing a deadline for when the Governor must call the special election. But the 63-day notice and 56-day deadline for filing certainly impacts this all.”

Considering that November 3 is the scheduled general election day to determine who will replace McConnell at the end of his term, Beshear would have to issue a “proclamation” that sheriffs receive by September 1. County sheriffs are responsible for giving public notice of elections. So Candidates would need to file by September 8 if the special election were to be held by November 3.

If those deadlines are not met, it’s unclear when the special election would be held to fill the remainder of McConnell’s term, should the seat become vacant. That raises the question as to whether the special election could be held on or after the scheduled general election on November 3 to determine who serves the new six-year Senate term starting January 2027.

RELATED: Mitch McConnell’s Health: Why Congress Owes You Nothing

All things considered, given the latest change in current law enacted by Republican legislators in 2024 (HB 622), the most likely outcome would be a special election with a good chance the matter gets taken up by the Kentucky court system – potentially working its way from Circuit Court to Kentucky Court of Appeals to the Supreme Court of Kentucky – to address the question as to whether the governor has the constitutional authority or obligation to make a temporary appointment.

As for working its way up to SCOTUS? It probably won’t reach the U.S. Supreme Court, because it’s really a matter of Kentucky constitutional law, and also, the 17th Amendment permits a state legislature (governor) to make a temporary appointment – but doesn’t require it.

With Republicans holding a narrow majority of 53-47, even a temporary vacancy – or a Democrat appointee – could affect legislation and political dynamics for the whole country. While Republican U.S. Rep. Andy Barr and Democrat Charles Booker are on course to challenge each other in the general election for McConnell’s seat, it’s not a given that they would be selected to face off against each other in a special election. That uncertainty of timing, authority, and eventually who is on the ballot is probably going to remain unresolved until McConnell’s seat becomes vacant or his term simply ends. 

Republican Sen. Mitch McConnell’s extended hospital stay has sparked more than conspiracy theories and proof-of-life memes. It’s raised a question Kentucky politicians and officials are grappling with: If a vacancy were to occur, who decides who will represent Kentucky in the U.S. Senate

McConnell, 84, has not made a public appearance since being hospitalized on June 14 following what he described in a statement as a fall that left him “briefly unconscious.” “My doctors have confirmed that I didn’t break any bones or suffer a concussion. I didn’t have a heart attack or a stroke. I don’t have any tumors or hemorrhages,” he said. His office published additional statements in late July saying he is still having “intense physical therapy.”

While his office has issued assurances that McConnell is stable and pushing through a rigorous regimen of physical therapy, two recently released bedside photos with his wife Elaine Chao have been mocked for their “staged” vibes, fueling speculation ranging from claims that the senator is on life support to suggestions that he is purposely convalescing to avoid dealing with the SAVE Act. For some, his absence at Fancy Farm was the last straw, and Kentucky Gov. Andy Beshear has been leading the charge among Democrats to call for the senator’s resignation. Were he to do so, what follows isn’t straightforward.

RELATED: What Can a Governor Do If a Sitting Senator Disappears?

“It’s actually pretty complicated,” Joshua A. Douglas, a professor and associate dean for research at the University of Kentucky Rosenberg College of Law, told Queer Kentucky. “And I think there’s a decent chance the issue could end up in the courts.”

To be clear, McConnell may be absent from the Senate floor, but he still has the seat — though senators are not permitted to vote when absent. McConnell has missed 46 votes since being hospitalized, and the empty chair has generated interest in an unresolved constitutional question involving Kentucky law and competing U.S. constitutional provisions.

Wielding a vote, a senator can affect federal legislation like the Equality Act, approve funding for programs including HIV prevention and treatment, and influence judicial confirmations that could be highly consequential for LGBTQ+ rights, such as marriage equality and trans protections.

In Kentucky, competing state laws are creating uncertainty about how a vacancy would be filled, should one arise — typically, this would happen as a result of death, resignation or expulsion from the Senate.

“Before 2024, Kentucky law allowed the governor to appoint a successor if there is a vacancy from a list of three people provided by the outgoing senator’s party,” explained Douglas. “But the legislature passed a new law in 2024, House Bill 622, that takes away the governor’s authority to fill a vacancy.”

That bill had been introduced in the wake of McConnell’s February 28, 2024, announcement that he would step down as Senate Republican leader, while serving the remainder of his term. While the bill was winding its way through Kentucky’s General Assembly, Beshear, a Democrat, vetoed it, but Kentucky’s GOP-controlled House and Senate overrode the veto.

“So, if there is a vacancy, the governor would call a special election,” said Douglas.

But it’s tricky.

RELATED: Sorry, Thomas Massie Is Not Running for McConnell’s Senate Seat

“The Kentucky Constitution Section 152 seems to contradict this,” Douglas told Queer Kentucky, quoting the provision’s language: “Vacancies in all offices for the state at large, or for districts larger than a county, shall be filled by appointment of the governor.”

And it gets more complicated when the 17th Amendment to the U.S. Constitution is taken into account. It establishes a federal framework, but how that framework interacts with Kentucky’s constitution and current statute is where things get murky.

The amendment permits a governor to make a temporary appointment until the vacancy is filled by election, if state law allows such appointments. Most states permit a governor to make a temporary appointment as per the 17th Amendment, and Kentucky law allowed this for about 80 years, until 2021, when McConnell and fellow Republicans backed a bill that was passed by the Republican-controlled legislature, which restricted how Beshear might fill a vacancy.

Per Kentucky’s current statute (HB 622), that would involve a special election. The person would only serve for the remainder of the current term, said Douglas. There would still be a regular election for the term that starts January 3, 2027, when the next U.S. Congress begins.

“Hence the contradiction,” he said, “The 17th Amendment says the legislature may authorize the governor to appoint a temporary replacement, the Kentucky Constitution says the governor appoints one, and the Kentucky legislature now says there must be a special election after the new law.”

Timing adds another layer of uncertainty.

While the current law says that there is a 63-day deadline for notice and a 56-day deadline for filing, Douglas said he doesn’t see a deadline requirement for the governor to call the special election.

“I don’t see anything in the law providing a deadline for when the Governor must call the special election. But the 63-day notice and 56-day deadline for filing certainly impacts this all.”

Considering that November 3 is the scheduled general election day to determine who will replace McConnell at the end of his term, Beshear would have to issue a “proclamation” that sheriffs receive by September 1. County sheriffs are responsible for giving public notice of elections. So Candidates would need to file by September 8 if the special election were to be held by November 3.

If those deadlines are not met, it’s unclear when the special election would be held to fill the remainder of McConnell’s term, should the seat become vacant. That raises the question as to whether the special election could be held on or after the scheduled general election on November 3 to determine who serves the new six-year Senate term starting January 2027.

RELATED: Mitch McConnell’s Health: Why Congress Owes You Nothing

All things considered, given the latest change in current law enacted by Republican legislators in 2024 (HB 622), the most likely outcome would be a special election with a good chance the matter gets taken up by the Kentucky court system – potentially working its way from Circuit Court to Kentucky Court of Appeals to the Supreme Court of Kentucky – to address the question as to whether the governor has the constitutional authority or obligation to make a temporary appointment.

As for working its way up to SCOTUS? It probably won’t reach the U.S. Supreme Court, because it’s really a matter of Kentucky constitutional law, and also, the 17th Amendment permits a state legislature (governor) to make a temporary appointment – but doesn’t require it.

With Republicans holding a narrow majority of 53-47, even a temporary vacancy – or a Democrat appointee – could affect legislation and political dynamics for the whole country. While Republican U.S. Rep. Andy Barr and Democrat Charles Booker are on course to challenge each other in the general election for McConnell’s seat, it’s not a given that they would be selected to face off against each other in a special election. That uncertainty of timing, authority, and eventually who is on the ballot is probably going to remain unresolved until McConnell’s seat becomes vacant or his term simply ends. 

Sen. Mitch McConnell, R-Ky., attends the annual Fancy Farm picnic Saturday, Aug. 2, 2025, in Fancy Farm, Ky. (AP Photo/Mark Humphrey)

What Can a Governor Do If a Sitting Senator Disappears?

It’s been more than six weeks since U.S. Senator Mitch McConnell was hospitalized after a fall in his home in June, raising questions about his ability to serve the remainder of his term, which ends in January 2027. 

Because of McConnell’s absence and the lack of information about his health condition, Kentucky Democratic Gov. Andy Beshear and others have called on McConnell to step aside if he cannot continue in the role. However, Beshear can’t do much to replace the former Republican leader amid his continued absence from public life, legal experts told Queer Kentucky.  

This is not the first time that an elected official has seemingly vanished recently. New Jersey Republican U.S. Rep. Tom Kean Jr missed more than 140 votes earlier this year during a 142-day absence from public life. He eventually revealed that he had been hospitalized with severe depression. Florida Democratic U.S. Rep. Frederica Wilson was mysteriously absent from public life this year, missing more than 40 House votes due to eye surgery. 

McConnell’s team has released photos and statements to address rumors around the senator’s health, but his team has provided little detail on the status of his recovery. 

Queer Kentucky reached out to Beshear and McConnell’s offices with questions on what the elected officials plan to do next. Neither responded.

Here’s a brief breakdown of what Beshear can do to replace McConnell. 

Apply pressure on McConnell to resign

Beshear does not have any legislatively granted power to remove a U.S. Senator from his post, multiple legal experts said. But what he can do is apply pressure on McConnell and his team to have the senator step down if he is incapacitated and unable to do his job. 

“He has sort of the power of the podium to be able to advocate but no formal power,” said Quinn Yeargain, an associate professor of constitutional and criminal law at Michigan State University. 

This is what Beshear attempted to do earlier this week. On Monday, Beshear sent McConnell a letter giving the Republican senator an ultimatum to prove he can still serve or resign. 

“As Governor of the state you serve, I am calling on you to directly and verbally address the people of Kentucky and provide proof of your capacity to serve, or resign,” Beshear wrote. 

Beshear added in the letter that a Senate vacancy happens when “a senator dies, resigns, or is expelled by a vote of the Senate itself,” and warned that if McConnell did not show proof that he was still fit to serve, he would urge Senate GOP Leader John Thune to begin the process of his expulsion.

 

RELATED: Mitch McConnell’s Health: Why Congress Owes You Nothing

Hold a special election if McConnell is forced to leave office

The U.S. Senate can not vote to remove a senator because they are ill, incapacitated, or absent because there is not a recognized constitutional ground that triggers that formal process, legal experts said. 

“It really doesn’t matter if he [McConnell] slips into a vegetative state because he is still alive, and there’s nothing that could be done about that,” said Sanford Levinson, a constitutional law professor at the University of Texas. “That’s a terrible feature of the Constitution.” 

The Senate does have the power to hold a vote to expel a senator for misconduct. But even if that vote were to happen, the Senate would need a two-thirds vote in favor of removing McConnell to expel him from his seat. 

If McConnell leaves office, it’s a bit unclear what Beshear can do to replace him. 

A Kentucky governor used to be able to appoint a temporary U.S. senator from an approved list provided by the departing senator’s political party until a special election was held. 

But Kentucky lawmakers repealed that statute in state law during 2024. Now, the law requires the governor to hold a special election to fill vacancies in Senate or House seats.

Some legal experts argue that under Section 152 of the Kentucky Constitution, a special election must be called to fill a vacant seat if there are more than three months between a vacancy and an election. Monday, August 3 marks that three-month deadline for Beshear. Beshear, however, stated that date “has no legal impact on my options should a vacancy occur this year.” 

The governor is also required by law to issue an official writ or proclamation announcing the special election at least 63 days before the election date, legal experts told Queer Kentucky. And political parties, groups, or independent candidates must file certificates or notifications of nomination at least 56 days before the election. 

But, Yeargain added, there is a legal argument based on a provision in the Kentucky Constitution that states if there is no other way established by law to fill a vacancy, the governor has the power to fill the vacancy. But this argument has not been tested in Kentucky after lawmakers recently changed how such vacancies can be filled,, according to Yeargain.  

Beshear could try to rely on this clause to argue that he does have the power to appoint a replacement for McConnell if his seat becomes suddenly vacant. But, Yeargain said, that decision would likely spark a state legal battle in Kentucky state courts and potentially in federal court.  

“It queues up a real conflict,” Yeargain said.

 

RELATED: Sorry, Thomas Massie Is Not Running for McConnell’s Senate Seat

Do nothing

Beshear could also simply not take any steps to replace McConnell. Kentucky has not had a Democratic senator since 1992 which suggests that a Democrat might not be able to win an election to replace McConnell in a special election

Beshear has publicly said McConnell missing votes could actually be a good thing for Democrats since the lawmaker can not do any harm in his absence. 

“McConnell hasn’t been there to vote on the SAVE Act, which would tear voting rights away. He hasn’t been there to vote to support this war in Iran that this president started and shouldn’t be continuing,” Beshear told Bloomberg’s Joe Mathieu.

“Not having Mitch McConnell show up isn’t necessarily a bad thing because he certainly doesn’t show up to help the American people.” . 

 

Senator Mitch McConnell, seated, smiles alongside his wife, former U.S. Secretary of Transportation Elaine Chao, who stands beside him with her hand on his shoulder in an office setting

Mitch McConnell’s Health: Why Congress Owes You Nothing

Where is Mitch? Who is my senator right now? Is he even alive?

Following a rather prolonged absence from his job, questions arose as to the whereabouts (and breathing status) of the senior senator from Kentucky, Mitch McConnell.

The questions themselves were not unfounded. Given his age, 84, and his numerous lost battles with gravity, coupled with his on-air moments of freezes that earned the moniker “Glitch McConnell”, voters in the Commonwealth of Kentucky were curious what is up, and what information is owed to us in situations like this?

As people around the country joined in, the short and probably infuriating answer to what information was owed is: Nothing at all.

Unlike the presidency, which operates under strict succession protocols and medical reporting, Congress functions under a veil of legally protected secrecy. Getting a straight answer when a member goes missing in action isn’t just difficult—the system was explicitly engineered that way.

In comparison, if the President undergoes a routine procedure under anesthesia, the 25th Amendment triggers a formal, temporary transfer of executive power to the vice president. The White House physician releases a detailed medical memo, and the public is kept informed.

For a sitting United States Senator or Representative, no such accountability exists.

Members of Congress are independent constitutional officers under Article I of the U.S. Constitution. In other words, members of Congress are independent contractors of our votes. They are Uber drivers for a republic democracy.

Since they are not executive employees, no similar medical mandates exist for health disclosures. There is no statute, House rule, or Senate regulation forcing a legislator to disclose hospital stays, medical diagnoses, or cognitive declines.

And, since the people who elect them are their technical bosses, remember Uber, neither the Speaker of the House nor the Senate Majority Leader has the constitutional authority to declare a colleague “incapacitated.” A member is either sworn in or the seat is vacant—there is no formal “sick leave.” If called to work, taking a vote on the Capitol floor or in committee, an absence just amounts to a missed vote. Similar to someone who missed a flight, got stuck in traffic, or had a stomach ache, it is just business as usual.

Unless a member voluntarily resigns, dies, or faces an extraordinary two-thirds expulsion vote by their peers (see George Santos…diva), the seat remains theirs—even if it sits empty for months while constituents go completely unrepresented.

When a seat finally becomes vacant, federalism, our lovely split function of government, places the rules into two wildly different systems.

The House of Representatives is fairly straightforward. Article I, Section 2 mandates that House vacancies must be filled through special elections called by the state’s governor. Governors cannot hand-pick a temporary replacement. If a representative steps down or passes away, that congressional district simply goes without a voice until voters go to the polls.

The Senate, where the Mitch of it all arises, is a little, or, lot more confusing. Under the 17th Amendment, state legislatures decide how Senate vacancies are handled. Most delegate temporary appointment power to their governor, but state laws vary wildly:

Governors in states like California or New York have unrestricted appointments and can immediately appoint anyone of their choosing to fill the seat until the next general election. Strangely enough, Kentucky’s process has seen a pretty recent development. In 2024, Kentucky lawmakers passed House Bill 622 that took away the Governor’s power to appoint a temporary replacement. Under the revised law, the Governor issues a proclamation calling an election, with the winner serving the remainder of the unexpired term.

Further complicating matters, Section 152 of the Kentucky Constitution authorizes the Governor to appoint a replacement. The 17th Amendment already says that state legislatures can determine how this issue is handled, which conflicts with the state Constitution. Adherence to the 2024 law may seem to follow the 17th Amendment, but how does that fit within the framework of the state Constitution?

Is there a reason for the differing succession laws and little to no requirement for transparency? Due to the openness of the federal law (17th Amendment), state legislatures routinely manipulate succession laws right before an aging or ill senator steps down to favor their own party, see the 2024 bill. State control creates deep inequality: A constituent in one state might get an appointed senator within days, while a constituent in a neighboring state endured a half-year vacancy awaiting a special election.

The absence of clarity in some states and the lack of time to prepare for death or incapacitation has actually moved the needle of progress. Before modern primary elections, state party bosses solved sudden Senate vacancies using a cynical political convention known as the “Widow’s Succession.” Governors who wanted to avoid bloody primary fights over a vacant seat would appoint the deceased senator’s widow. The widow was expected to act as a quiet “placeholder”—keeping the chair warm, voting the party line, and stepping aside when the next official election arrived. This patronizing political trick unintentionally cracked open the door for women in the federal government.

In 1922, the United States had our first female senator. As a publicity stunt to appeal to the newly allowed-to-vote women, Rebecca Latimer Felton was appointed after the death of Sen. Thomas E. Watson. She was sworn in and served for a whopping 24 hours before her elected male successor took over—becoming the first woman in the U.S. Senate.

But getting back to the current Mitch predicament, none of these succession issues matter if the “proof of life” photo shared along with a statement purporting to assuage concerns and rumors, are to be believed.

Therein lies the issue:Many question why nothing has come out besides that photo and limited information. The act itself has done little to tamp down speculation, and the public is clamoring for something more. The public struggle to get clear information about absent leaders boils down to a structural conflict: individual constitutional privacy vs. democratic accountability.

Because the U.S. Constitution provides no mandate for medical transparency in Congress, disclosures remain entirely voluntary. Combined with 50 distinct state succession laws, the system inherently shields politicians—leaving constituents guessing until an official resignation occurs or an empty seat forces the government’s hand.

At the core of the issue is a fundamental clash of rights. While voters naturally expect transparency from those elected to represent them, members of Congress are individually protected by federal privacy laws like HIPAA. Because there is no statutory mandate or constitutional requirement forcing federal legislators to publish personal medical logs or report extended hospitalizations, any updates released to the public are purely voluntary.

Politically, the incentives are overwhelmingly aligned toward silence. A lawmaker’s power in Washington relies heavily on perceived strength, committee seniority, and vote counts. Admitting to a severe illness or long-term cognitive decline can instantly trigger primary challenges, provoke calls for resignation, or jeopardize their party’s tight legislative margins. As a result, congressional communications staff routinely resort to vague press statements or prolonged silence, framing absences as routine rest rather than significant incapacity.

Kentuckians demand answers. Americans demand answers. Unfortunately, within our political system, no answers are owed to either.

Rep. Thomas Massie speaks at a podium during a congressional event

Sorry, Thomas Massie Is Not Running for McConnell’s Senate Seat

Massie, who recently lost his Republican primary, said he wasn’t interested in “the same circus with different monkeys.”

Rep. Thomas Massie has shut down speculation that he’d seek a Senate seat if Sen. Mitch McConnell were to leave office early, telling an interviewer he’d rather stay exactly where he is.

In a recent interview, Kentucky Republican U.S. Rep. Thomas Massie shut down any notion that he’d seek U.S. Sen. Mitch McConnell’s seat if he were to leave office early.

“Not interested,” Massie told a TMZ reporter in Washington, D.C., on Capitol Hill. 

He explained that if a special election is called for McConnell’s U.S. Senate seat, he would not run. 

He told the reporter, explaining Kentucky’s Senate replacement law, “What people need to know is there’s only a special election for his unfulfilled term, which would go till January.”

That means the winner of the special election required to be held if McConnell leaves office before August 3 would just serve out the last few months of his term. 

“Even though my sentence got commuted, I still have to spend six more months in this chair,” Massie said.

Related: Gov. Andy Beshear demands answers about McConnell and his health amid hospitalization

The reporter then said the Senate might just be “a different prison cell” to which Massie did not disagree.

Massie lost the Republican House primary for Kentucky’s fourth congressional district in May to Ed Gallrein, a retired Navy SEAL who was recruited to run by President Donald Trump. Massie got caught in Trump’s crosshairs after breaking with the president several times, including helping force out the Epstein files as well as being outspoken against the war on Iran. 

He told the reporter that the clearest reason for wanting to stay in the House was the procedural tool he used to force the Epstein files out. 

“The problem with being in the Senate is they don’t have a discharge petition, and that’s how I got the Epstein Files Transparency Act passed,” he explained. 

In the House, the discharge petition allows members to force a floor vote over leadership’s objections since the leadership is who normally sets the agenda.

Giving that up, Massie said, would mean he would be trading what he says is real influence for a seat among colleagues he wasn’t necessarily eager to join.

“I’d have to really consider giving up the power that we have here in the People’s House to go over there and serve with a bunch of geriatric, you know, folks that should be in nursing homes,” he said, referencing the age of many senators. In the Senate, the average age is 65. Newsweek notes that over a third of senators are 70 or older. 

Asked again about the Senate, Massie gave a direct response: “Not interested,” he said. 

Pressed again by the reporter, he added, “Not really. It’s the same circus with different monkeys.”

 

Senate Minority Leader Mitch McConnell, R-Ky., left, speaks with Kentucky Gov. Andy Beshear during a ceremony in the Rotunda at the Kentucky State Capitol in Frankfort, Ky., Jan. 2, 2024.

Gov. Andy Beshear demands answers about McConnell and his health amid hospitalization

Kentucky Democratic Gov. Andy Beshear sent a letter to Republican U.S. Sen. Mitch McConnell’s office in Washington, D.C., demanding more information about the senator and his health. 

“Over the last several weeks, Kentuckians have grown increasingly concerned about the current state of your health and wellbeing, and ability to hold office in the United States Senate,” the letter, addressed to McConnell, 84, said. 

Beshear, who is considered a possible 2028 presidential contender, said, “As Governor, I request that you fully update Kentuckians regarding the current status of your health. As public officeholders, we have made a commitment to our constituents to do our best to represent them and to always be transparent. I believe this requires clear communication about one’s ability to serve.”

The letter comes after growing concerns over McConnell’s health after he was admitted to a hospital on June 14. His office has refused various media requests asking for an update on his condition or what type of treatment McConnell is undergoing. McConnell has faced numerous health issues in recent years. 

Rumors have swirled that the former Senate Majority leader was brain dead. In recent days, GOP lawmakers have come forward saying they’ve spoken to McConnell at length. 

McConnell’s absence has put a spotlight on a 2024 state law that changed how an empty U.S. Senate seat could be filled. Instead of the governor being allowed to select a temporary senator, it instead requires a special election to serve out the remaining term of the seat. McConnell’s term expires in January 2027.

Beshear vetoed the law, but the GOP-controlled legislature overrode the veto. 

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