Most people in the US know what its like to get sick and require time off work. About 80% of Americans have access to some paid time off when they are ill for a short period of time. All of those folks need to notify their employer of their inability to come to work, to perform their duties. Sometimes, for longer periods of time off, you may be required to provide your employer some documentation from a doctor – but under the Family Medical Leave Act, your extended time-off is not paid. This is the experience for average Americans.

Federal public officials are not average Americans. They do not receive sick leave or PTO – they are just paid their salary. That applies to judges, elected representatives, Senators, and even the President. For some people this might be a surprise – why should they get paid when we don’t? But Americans are a sympathetic bunch who understand that illnesses are unplanned and there are no stand-ins for elected officials. The drawback, of course, is that the lack of a representative voting (or one less Supreme Court justice) is a lack of democratic representation. A neutered legislature. Our founders didn’t consider the matter when creating the Constitution. And the remedies that do exist when officials lack the capacity to do their job are extreme (removal, expulsion).

Our nation’s history is full of circumstances where officials have been incapacitated. An early example of this was when President James Garfield was shot during an assassination attempt – for the following 80 days, the country effectively didn’t have a President – no 25th amendment to allow the VP to assume the President’s duties. A more disturbing example was when President Woodrow Wilson suffered a stroke and spent the final 17 months of his Presidency in hiding, with his wife and physician acting as President in his stead – the cover-up was horrendous. There are several more recent examples of hospitalizations, cancer diagnoses, and surgeries where the incumbent representative was missing from their job for an extended period of time. Most recently, one representative (Kay Granger, TX) was missing from her job for over 5 months before the press began reporting that she was struggling with dementia – she died in April 2025. Her constituents weren’t told for 6 months and weren’t represented.

This year’s version of this saga is more extreme. Congressman Tom Kean of New Jersey’s 7th district has not voted in Congress since March 5th. Given that the House of Representatives has continued this session’s abysmal record of work (only 35 days in session during the past three months), the Congressman’s time away may not be viewed as significant. But 121 roll call votes have taken place since Rep. Kean’s last vote, with many of substance (War Powers resolution on Iran, funding of support for Ukraine, SAVE Act, budget votes, ending the government shutdown, and so many more). The press has noticed his absence, particularly since Rep. Kean’s district is perceived as competitive and Mr. Kean is running for re-election – or at least his name was printed on the primary ballot this past week, because Mr. Kean has not been campaigning. His office indicates that he has been dealing with a “personal medical issue”. He has been posting speeches on the Congressional Record (or perhaps his staff has been). He has posted on X and even introduced legislation during his absence.

What he hasn’t been is seen or heard. Nor has he told the public what this personal medical issue is. Could this be Woodrow Wilson all over again? Does the 7th district have a stroke victim as its Congressperson, trying to recover to a level that makes his speech and appearance more palatable to the electorate? What do constituents deserve when they elect and pay for a congressional representative? Transparency should be a minimum. Perhaps an opportunity for constituents of his political philosophy to choose a candidate that has the vigor and stamina to take on the job representing them? Or even an opportunity to know whether the supposed actions of their Congressman for the past 3 months were his actions or the actions of his unelected staff. Wouldn’t it be nice to have elected officials, who choose to be in the public eye, both take that obligation seriously as well as relinquish that responsibility to others during periods when they are not up to the task! Or is the power too intoxicating to let go.

And the national disgrace continues…