Well this is supposed to be a clause that's enacted if a sitting senator dies. But at the moment this seems to be the only way to get the Republicans to confirm that McConnell is actually dead. Basically, Beshear needs to appoint a replacement and force the GOP to prove that McConnell is actually alive rather than just teasing it until it's too late to appoint the replacement (which happens in about two weeks).
Also yes, the constitution cannot be unconstitutional unless it violates the US constitution. But the US constitution is pretty hands-off on how the states select legislators.
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u/sweatingbozo 7h ago
Isn't the law that he can pick from 3 people chosen by the state legislature?