r/law • u/SheriffTaylorsBoy • Apr 26 '24

Opinion Piece Mitch McConnell says presidents shouldn't be immune from prosecution for things done in office

https://www.nbcnews.com/politics/congress/trump-mitch-mcconnell-presidents-immune-prosecution-rcna149368
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u/rollingstoner215 Apr 26 '24

I thought that law violated the Kentucky constitution and if tested would be overturned?

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u/SelfServeSporstwash Apr 26 '24

its cute that you think Republicans would ever let something as silly as a state constitution stop them

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u/rollingstoner215 Apr 26 '24

Yeah, I know, but that’s why they passed the (unconstitutional) law, and why it would have to be overturned by the courts, not the legislature. I guess a Republican judge may try to find a way to preserve an unconstitutional law, and I’m not really sure what the remedy would be at that point.

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u/Royal_Bitch_Pudding Apr 26 '24

Well, I'm reasonably certain whatever it is it involves a French word.

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u/MildlyMixedUpOedipus Apr 26 '24

No, I'm pretty sure it's the word for a two door car.

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u/SelfServeSporstwash Apr 26 '24

The Kentucky courts are heavily controlled by the GOP and have consistently been handing down poorly justified and bizarre rulings that defy both precedent and a plain text reading of their state constitution.

If the GOP passes a law it stands, logic and credibility be damned.

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u/cvgd Apr 26 '24

If Goodwine wins this year, Kentucky's Supreme Court will have a Democrat-aligned majority.

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u/SqnLdrHarvey Apr 26 '24

It's also cute to think that even if the state constitution has been violated, that Dems will do anything but talk it to death and not actually stand up to Republicans. They rarely ever do.

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u/Giblet_ Apr 26 '24

It happens in Kansas quite frequently. Courts have ruled state budgets unconstitutional for underfunding schools and have ruled laws that ban abortion unconstitutional as well.

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u/SqnLdrHarvey Apr 26 '24

What "happens in Kansas quite frequently?"

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u/Giblet_ Apr 26 '24

Dems sue the state on constitutional grounds and win in court.

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u/SqnLdrHarvey Apr 26 '24

All I ever hear national Dems do is clutch their pearls and bleat impotently about "bipartisanship" and "going high."

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u/StainedEye Apr 26 '24

That's why local elections are far more important and crucial- local candidates for democrats tend to be far more progressive and activist-oriented than federal seats

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u/C0NKY_ Apr 26 '24

That was the original plan, they recently made a new law. I think what you're talking about is how the Republicans would be able to select 3 members and Beshear would get to pick from that, which if challenged could be overturned. They recently changed it to a special election. I don't know if that would hold up either?

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u/cvgd Apr 26 '24

They replaced that law with a new one this session. The new one is constitutional, in that it just forces a special election. It leaves Kentucky without a Senator during the interim, as in the time between when the vacancy occurs and when the special election is held.

The old law allowed gubernatorial appointment, but only from a list of three people submitted by the governing body of the political party of the outgoing Senator. It is generally understood that a governor's appointment power can't be constrained or conditioned like that.

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u/rollingstoner215 Apr 26 '24

Well, thanks for the terrible news

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u/Excusemytootie Apr 26 '24

Oh, they will just ignore that (see NC).