Jerry Goldfeder What Happens When a Senator Is Incapacitated?
It is surprising that there is no current remedy. In an effort to jumpstart a discussion, however, I offer the following suggestion. A state can enact a statute that allows an ill senator to resign and have the governor appoint a temporary replacement.
February 27, 2023 at 10:14 AM
5 minute read
The hospitalization of Sen. John Fetterman for depression raises a host of questions. Of course our first reaction is to convey good wishes for a speedy recovery and acknowledge that mental health issues are as real as physical problems. Indeed, to appreciate the often-concealed suffering associated with such disease, one need only read the heart-stopping book, "Invisible Storm: A Soldier's Memoir of Politics" by Jason Kander, the former Missouri Secretary of State and U.S. Senate candidate who dropped out of a sure-win Kansas City mayoral race when he finally recognized that his depression and PTSD had made his life unbearable. Fortunately we are a far cry from Sen. Tom Eagleton's experience of being removed as George McGovern's vice presidential running mate in 1972 when it was discovered that he had gotten electroshock treatment for depression. (By the way, after several years of therapy, Kander seems to be doing pretty well.)
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