# John McCain to resign on 4th of July

**URL:** <https://boards.straightdope.com/t/john-mccain-to-resign-on-4th-of-july/817132>\
**Category:** Politics & Elections\
**Created:** [July 2, 2018, 2:36am UTC](https://boards.straightdope.com/t/john-mccain-to-resign-on-4th-of-july/817132 "2018-07-02T02:36:37Z")\
**Posts on this page:** 20\
**Page:** 2

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**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\
**Post date:** [July 2, 2018, 3:16pm UTC](https://boards.straightdope.com/t/john-mccain-to-resign-on-4th-of-july/817132/21 "2018-07-02T15:16:14Z")

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> [@ElvisL1ves](#):
>
> Based on what - his demand that Obama be a one-term President?
> 
> I think you need to go back to [Gingrich](http://www.informationclearinghouse.info/article4443.htm) for the origins, and the endless Get Bill Clinton For Something Hearings for it to come into full flower.

Republicans like to pretend Robert Bork was the first Supreme Court nominee who became a political issue. They want to pretend the political battle over Abe Fortas’ nomination never happened.

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**Author:** ![Jophiel](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jophiel/32/66_2.png) [@Jophiel](https://boards.straightdope.com/u/Jophiel)\
**Post date:** [July 2, 2018, 3:28pm UTC](https://boards.straightdope.com/t/john-mccain-to-resign-on-4th-of-july/817132/22 "2018-07-02T15:28:34Z")

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> [@PastTense](#):
>
> The bigger issue is Republican Susan Collins refusal to vote for any candidate hostile to Roe vs Wade.  
> [Republican Sen. Susan Collins would oppose Supreme Court pick with Roe v Wade “hostility” – The Denver Post](https://www.denverpost.com/2018/07/01/susan-collins-roe-v-wade-supreme-court/)

Collins is a tool and will ultimately do what the party tells her to do. She’s the one who let DeVos get through the committee and then made the worthless vote against her as “unqualified”, knowing full well that her passage was safe. She’s also the one who let the ACA mandate repeal pass, supposedly because McConnell made some legislative promises that never happened. So she’s either a complete moron (of course they weren’t going to happen) or was just shielding her ass while doing what she was always going to do anyway.

The only time she shows even a little spine is when she’s part of a group, such as with the vote (with McCain and Murkowski) against the full ACA repeal. Get her on her own and she folds like a lawn chair.

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**Author:** ![BobLibDem](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/boblibdem/32/3149_2.png) [@BobLibDem](https://boards.straightdope.com/u/BobLibDem)\
**Post date:** [July 2, 2018, 3:38pm UTC](https://boards.straightdope.com/t/john-mccain-to-resign-on-4th-of-july/817132/23 "2018-07-02T15:38:19Z")

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Collins pretends to be independent-minded. Her actions seem to indicate otherwise. She will vote the way she is told.

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**Author:** ![AlsoNamedBort](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alsonamedbort/32/3213_2.png) [@AlsoNamedBort](https://boards.straightdope.com/u/AlsoNamedBort)\
**Post date:** [July 2, 2018, 4:29pm UTC](https://boards.straightdope.com/t/john-mccain-to-resign-on-4th-of-july/817132/24 "2018-07-02T16:29:54Z")

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> [@Aspenglow](#):
>
> McCain is a true Republican to the end.
> 
> Had he resigned prior to May 30th, his seat would have gone to election.
> 
> Since he resigned post May 30th, his seat will be replaced by a gubernatorial appointment – a Republican appointing another Republican.

But will the appointment end in November or will it go until 2020?

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**Author:** ![BobLibDem](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/boblibdem/32/3149_2.png) [@BobLibDem](https://boards.straightdope.com/u/BobLibDem)\
**Post date:** [July 2, 2018, 4:36pm UTC](https://boards.straightdope.com/t/john-mccain-to-resign-on-4th-of-july/817132/25 "2018-07-02T16:36:40Z")

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> [@AlsoNamedBort](#):
>
> But will the appointment end in November or will it go until 2020?

His term ends after the 2022 elections, as would his replacement’s.

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**Author:** ![Aspenglow](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aspenglow/32/76_2.png) [@Aspenglow](https://boards.straightdope.com/u/Aspenglow)\
**Post date:** [July 2, 2018, 5:18pm UTC](https://boards.straightdope.com/t/john-mccain-to-resign-on-4th-of-july/817132/26 "2018-07-02T17:18:35Z")

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> [@BobLibDem](#):
>
> His term ends after the 2022 elections, as would his replacement’s.

'Zackly.

However, I can find nothing from any reputable media outlet reporting this story. I accepted the assertion at face value in answering the question posed, but I should not have. If this is happening, McCain himself hasn’t released such news.

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**Author:** ![muldoonthief](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/muldoonthief/32/3188_2.png) [@muldoonthief](https://boards.straightdope.com/u/muldoonthief)\
**Post date:** [July 2, 2018, 5:49pm UTC](https://boards.straightdope.com/t/john-mccain-to-resign-on-4th-of-july/817132/27 "2018-07-02T17:49:43Z")

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> [@BobLibDem](#):
>
> His term ends after the 2022 elections, as would his replacement’s.

No, according to [AZ state law](https://www.azleg.gov/viewdocument/?docName=http://www.azleg.gov/ars/16/00222.htm), the appointee serves until the next scheduled state-wide general election. A new Senator is elected at that point, to serve out the remainder of the seat’s term. So if McCain leaves office, there’s be an appointee until 2018 (or 2020), then a new Senator would be elected to serve until 2022.

The law I linked doesn’t say anything about how close you have to a general election to have to wait for the next one, but presumably there is such a date - if a Senator unexpectedly died the day before the general election, you could hardly expect to vote in a new one the next day. But I don’t know where the article in the OP came up with July 4 being the magical day.

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**Author:** ![BobLibDem](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/boblibdem/32/3149_2.png) [@BobLibDem](https://boards.straightdope.com/u/BobLibDem)\
**Post date:** [July 2, 2018, 5:55pm UTC](https://boards.straightdope.com/t/john-mccain-to-resign-on-4th-of-july/817132/28 "2018-07-02T17:55:00Z")

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I don’t find it so cut and dried:

> [@](#):
>
> and shall serve until the person elected at the next general election is qualified and assumes office.

Whether they meant “the next general election for that particular Senate seat” or “the next general election” isn’t clear to me.

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**Author:** ![muldoonthief](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/muldoonthief/32/3188_2.png) [@muldoonthief](https://boards.straightdope.com/u/muldoonthief)\
**Post date:** [July 2, 2018, 6:11pm UTC](https://boards.straightdope.com/t/john-mccain-to-resign-on-4th-of-july/817132/29 "2018-07-02T18:11:54Z")

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Section A of the law:

> [@](#):
>
> When a vacancy occurs in the office of United States senator or representative in Congress by reason of death or resignation, or from any other cause, the vacancy shall be filled at the **next general election. At such election the person elected shall fill the unexpired term of the vacated office.**

If the appointee held office until the next election for that particular Senate seat, there’d be no need for the final sentence - there would be no “unexpired term” to fill.

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**Author:** ![muldoonthief](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/muldoonthief/32/3188_2.png) [@muldoonthief](https://boards.straightdope.com/u/muldoonthief)\
**Post date:** [July 2, 2018, 6:20pm UTC](https://boards.straightdope.com/t/john-mccain-to-resign-on-4th-of-july/817132/30 "2018-07-02T18:20:59Z")

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Too late to edit:

According to [this article](https://www.azcentral.com/story/news/politics/arizona/2017/07/20/what-if-senator-mccain-leaves-office-how-process-works/494621001/), written when McCain first revealed his cancer, the process would be appointee until 2018, election in 2018 to serve until 2022. It quoted both the former & current state elections directors.

And here’s [an article](http://thehill.com/homenews/state-watch/384015-arizona-gop-tinkers-with-election-rules-with-an-eye-on-mccains-seat) from The Hill stating that the AZ legislature was considering changing the existing law so that had McCain left office after March 31 2018, the appointee could serve until the 2020 election instead of the 2018 election so they wouldn’t have to worry about the seat coming up for election in 2018.

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**Author:** ![dalej42](https://avatars.discourse-cdn.com/v4/letter/d/67e7ee/32.png) [@dalej42](https://boards.straightdope.com/u/dalej42)\
**Post date:** [July 2, 2018, 6:34pm UTC](https://boards.straightdope.com/t/john-mccain-to-resign-on-4th-of-july/817132/31 "2018-07-02T18:34:45Z")

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First of all, I haven’t seen any other news sources with rumors of McCain resigning on July 4. McCain voted to confirm Bork so there is probably no judge extreme enough to cause McCain to vote no or resign to allow a successor to vote in favor of Trump’s nominee. However, there’s always the chance that Trump will appoint a Harriet Miers type, completely unqualified type or McCain wants just one more shot to stick it to Trump, knowing that eventually a far right judge will be appointed to take Kennedy’s seat.

I still can’t find the definite answer for how long McCain’s replacement would serve. Everyone agrees it is too late for an election for 2018. So, the replacement would serve until at least 2020. Arizona has never had a governor appoint a replacement senator.

My WAG is that the current governor, Doug Ducey, would appoint a caretaker Senator until 2020 and then run for the seat himself in 2020.

Here’s the link to the law:  
[https://www.azleg.gov/viewdocument/?docName=http://www.azleg.gov/ars/16/00222.htm](https://www.azleg.gov/viewdocument/?docName=http://www.azleg.gov/ars/16/00222.htm)

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**Author:** ![BobLibDem](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/boblibdem/32/3149_2.png) [@BobLibDem](https://boards.straightdope.com/u/BobLibDem)\
**Post date:** [July 2, 2018, 6:35pm UTC](https://boards.straightdope.com/t/john-mccain-to-resign-on-4th-of-july/817132/32 "2018-07-02T18:35:49Z")

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> [@muldoonthief](#):
>
> Section A of the law:
> 
> If the appointee held office until the next election for that particular Senate seat, there’d be no need for the final sentence - there would be no “unexpired term” to fill.

Yes, I believe you are correct. So it seems that the appointee only gets to serve until facing election in 2020, the winner thereof only gets to serve two years until the 2022 election.

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**Author:** ![Chronos](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chronos/32/134_2.png) [@Chronos](https://boards.straightdope.com/u/Chronos)\
**Post date:** [July 2, 2018, 7:12pm UTC](https://boards.straightdope.com/t/john-mccain-to-resign-on-4th-of-july/817132/33 "2018-07-02T19:12:08Z")

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> [@](#):
>
> Quoth **dalej42** :
> 
> Everyone agrees it is too late for an election for 2018.

We do?

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**Author:** ![ElvisL1ves](https://avatars.discourse-cdn.com/v4/letter/e/5daacb/32.png) [@ElvisL1ves](https://boards.straightdope.com/u/ElvisL1ves)\
**Post date:** [July 2, 2018, 7:13pm UTC](https://boards.straightdope.com/t/john-mccain-to-resign-on-4th-of-july/817132/34 "2018-07-02T19:13:48Z")

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You only need a democracy-disdaining partisan Supreme Court to let you footdrag long enough.

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**Author:** ![Jophiel](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jophiel/32/66_2.png) [@Jophiel](https://boards.straightdope.com/u/Jophiel)\
**Post date:** [July 2, 2018, 7:17pm UTC](https://boards.straightdope.com/t/john-mccain-to-resign-on-4th-of-july/817132/35 "2018-07-02T19:17:02Z")

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> [@BobLibDem](#):
>
> Collins pretends to be independent-minded. Her actions seem to indicate otherwise. She will vote the way she is told.

She’s already [laying the groundwork](http://thehill.com/blogs/ballot-box/395179-collins-skeptical-supreme-court-would-overturn-roe-v-wade) to fold and confirm whoever she’s told to confirm:

> [@](#):
>
> In an interview with “The Daily” podcast that was posted on Monday, Collins said she believes Chief Justice John Roberts could be a vote against overturning the ruling.  
> […]  
> “I think, for example, [Chief Justice] John Roberts given his respect for precedent and his cautious approach, despite what personal views he may hold, I would be very surprised if the chief justice would ever vote to overturn Roe v. Wade, just to give you an example,” Collins said.  
> […]  
> “I’m not saying that just any conservative judge would reach the conclusion that I think is most likely. There are a couple of people who have been mentioned who have demonstrated hostility and an eagerness to overturn Roe v. Wade, so those individuals would not bring me the kinds of assurance I would be seeking,” she said.

So there’s really only a couple conservative judges she thinks would be opposed to Roe v Wade and it doesn’t really matter anyway because Roberts would vote to preserve it. Until, of course, that doesn’t happen then – _Whoopsie!_ – what can ya do? ¯\_(ツ)\_/¯

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**Author:** ![dalej42](https://avatars.discourse-cdn.com/v4/letter/d/67e7ee/32.png) [@dalej42](https://boards.straightdope.com/u/dalej42)\
**Post date:** [July 2, 2018, 8:40pm UTC](https://boards.straightdope.com/t/john-mccain-to-resign-on-4th-of-july/817132/36 "2018-07-02T20:40:20Z")

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> [@Chronos](#):
>
> We do?

I should have phrased that differently. The Arizona Secretary of State has decided that May 31 was the cutoff date. That seems reasonable since their primaries are in August.

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**Author:** ![RTFirefly](https://avatars.discourse-cdn.com/v4/letter/r/c77e96/32.png) [@RTFirefly](https://boards.straightdope.com/u/RTFirefly)\
**Post date:** [July 3, 2018, 12:18pm UTC](https://boards.straightdope.com/t/john-mccain-to-resign-on-4th-of-july/817132/37 "2018-07-03T12:18:49Z")

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> [@PastTense](#):
>
> The bigger issue is Republican Susan Collins refusal to vote for any candidate hostile to Roe vs Wade.  
> [Republican Sen. Susan Collins would oppose Supreme Court pick with Roe v Wade “hostility” – The Denver Post](https://www.denverpost.com/2018/07/01/susan-collins-roe-v-wade-supreme-court/)

> [@HurricaneDitka](#):
>
> Yes, that’s an issue, but up until now, McConnel has faced that issue as well as a Senator McCain that was too ill to vote. Now they’ll be able to strike that latter issue from their list of concerns.

This. Anytime McCain is too ill to be present in the Senate chambers, the GOP majority is only 50-49, and just one defection can kill a nomination.

With a healthy GOP replacement for McCain, the margin’s up to 51-49. One defection doesn’t make a difference any more - just makes it 50-50, and Pence breaks the tie. So under this scenario, there’d have to be **two** GOP defections to kill the nomination.

Whatever the _slim_ possibility might be that their constituents might persuade Collins or Murkowski to switch their vote on a particularly egregious nominee, the chances that both would are essentially zero.

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**Author:** ![Silver\_lining](https://avatars.discourse-cdn.com/v4/letter/s/aca169/32.png) [@Silver\_lining](https://boards.straightdope.com/u/Silver_lining)\
**Post date:** [July 3, 2018, 12:55pm UTC](https://boards.straightdope.com/t/john-mccain-to-resign-on-4th-of-july/817132/38 "2018-07-03T12:55:09Z")

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> [@RTFirefly](#):
>
> This. Anytime McCain is too ill to be present in the Senate chambers, the GOP majority is only 50-49, and just one defection can kill a nomination.
> 
> With a healthy GOP replacement for McCain, the margin’s up to 51-49. One defection doesn’t make a difference any more - just makes it 50-50, and Pence breaks the tie. So under this scenario, there’d have to be **two** GOP defections to kill the nomination.
> 
> Whatever the _slim_ possibility might be that their constituents might persuade Collins or Murkowski to switch their vote on a particularly egregious nominee, the chances that both would are essentially zero.

Correct, and lets not write off 1 or 2 democrats voting for the Supreme court nomination.

While Collins and Murkowski might be moderates, they should be aware if the Democrats get a majority in the senate and the Presidency, they will be voting against whichever liberal they nominate in all likelihood. Therefore it is likely they will support Trump’s choice.

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**Author:** ![Ravenman](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ravenman/32/2929_2.png) [@Ravenman](https://boards.straightdope.com/u/Ravenman)\
**Post date:** [July 3, 2018, 1:17pm UTC](https://boards.straightdope.com/t/john-mccain-to-resign-on-4th-of-july/817132/39 "2018-07-03T13:17:50Z")

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meh, forget it. It’s Chinatown, Jake.

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**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\
**Post date:** [July 3, 2018, 1:36pm UTC](https://boards.straightdope.com/t/john-mccain-to-resign-on-4th-of-july/817132/40 "2018-07-03T13:36:36Z")

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> [@Silver\_lining](#):
>
> Correct, and lets not write off 1 or 2 democrats voting for the Supreme court nomination.
> 
> While Collins and Murkowski might be moderates, they should be aware if the Democrats get a majority in the senate and the Presidency, they will be voting against whichever liberal they nominate in all likelihood. Therefore it is likely they will support Trump’s choice.

Collins voted to confirm both of Obama’s nominees to the SCOTUS.

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