August 8, 2026
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12:19Now PlayingAttorneys Brian Kabateck and Shant Karnikian cover Senator Mitch McConnell's extended absence from the Senate floor and the constitutional reality that nothing requires him to explain why. Brian walks through why the 25th Amendment, built for presidential incapacity, has no equivalent for Congress, leaving expulsion under Article I, Section 5's two-thirds vote as the only removal mechanism, one that has never been used against a sitting member of Congress for illness or incapacity in American history. Kentucky Governor Andy Beshear has publicly demanded McConnell verbally prove his capacity to serve or resign, warning that important votes are happening during his absence, while McConnell's office has offered little beyond photos and brief statements citing physical therapy. Brian and Shant note the practical consequence: without an expulsion vote or a resignation, McConnell can't be forced out, but he also can't vote, since Senate rules require in-person floor votes with no remote or proxy option once a bill reaches the floor. That leaves Republicans one vote short every day he's gone. Shant's bottom line: the rules are being followed exactly as written, but an aging Senate with no mechanism for graceful incapacity is going to keep running into this exact problem.
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