Can McConnell refuse to seat a Franken replacement?

[SHRED]

I don't want to assume.
Any links are appreciated.

[ollie10]

1. Wow. What would Gillebrand do if the replacement wasn't seated?

Nothing, of course!

[Yavin4]

13. She'll make a stern speech on the floor of the senate

Very stern.

[ollie10]

15. I'm sure those who planned Franken's demise will be shaking in their boots!!!

[MineralMan]

2. No. I don't think he can.

Governor appoints temporary replacement. If that replacement meets the Constitutional requirements to be a Senator, that's it, really. McConnell doesn't have that kind of powers.

[Yavin4]

14. McConnell and Pence can delay swearing the person in until after the tax vote.

They can, and probably will, do that.

[dalton99a]

3. Actually no.

[Cattledog]

4. They sort of did it for the SC. If Moore wins no. If Moore loses yes.

[CincyDem]

5. He probably can but I don't think it changes any math...

...not sure why he'd want to take on this fight.

With an empty seat, Repubs win at 50-49 which is no different than with a replacement seat winning at 50-50. Remember Pence is the tie breaker and the Republican math doesn't change until there are 2 empty seats.

But, these asshats have done stupid vindictive things in the past so anything is possible.

[Chasstev365]

6. Well, seeeing as McConnell could never block a Supreme Court nominee from having a hearing.....

[dsc]

7. He could to so temporarily at most

and would need all the GOP side to agree. I can't imagine that they all would agree to that given the precedent it would set. If the replacement meets the Constitutional requirements, age 30, 7 years a citizen, citizen of state then the most the Senate could do is refuse to seat, replacement sues, replacement gets summary judgement, replacement takes his or her seat. The Powell case is very explicit on this.

[SHRED]

9. Then why did I hear McConnell threatening to not seat Moore?

[dsc]

12. He got a lot of push back for that

and rightfully so. I think he was thinking that with a 2/3 vote they could expel him immediately and that Dems would join in that vote. I honestly think the Powell case would have rendered that problematic at best, impossible at worst.

[ollie10]

16. all of them have agreed to crazy things before....

[dsc]

17. even if they did

the court would overrule them in a hot minute. Maybe if some utterly vital vote was going to happen but even without a filibuster the delaying tactics a minority can use in the Senate would eat up the time it would take to get the writ to seat him or her. It would gain them nothing.

[ollie10]

18. In one minute?

If it indeed goes to court, it will take time.....

And in the meanwhile, no seat for the new Senator.

[SHRED]

8. I found this but not sure it applies

https://en.m.wikipedia.org/wiki/Powell_v._McCormack

[Blue_true]

10. No. Once the state sending the person certify the person

the Senator has to be sworn in and seated. The most recent example is the seat that President Obama gave up, Reid had reservations about the replacement, but has to seat him.

[SHRED]

11. Didn't I hear...

...McConnell threaten to not seat Moore?

[Blue_true]

19. He can't do that if Alabama certify Moore if Moore wins. nt