Beshear has a long history of flouting the law. Including when he was the AG. The law is the law only when it benefits Democrats.
If he thinks he can get away with appointing a Rat, he will do it. We unfortunately have a very leftist state supreme court that has demonstrated little interest in holding King Andy accountable for his disregard of the law.
The Schumer Senate would probably also vote to seat the Senator he appoints, leaving the Courts’ hands tied.