Amid calls for President Biden to step down, replacing him could face uphill legal challenges as conservative watchdog groups prepare to sue to keep his name on the ballot.
As calls for President Joe Biden to retire intensify within the Democratic Party following his lackluster performance in the presidential debate against former President Donald Trump, the prospect of replacing him poses significant legal obstacles. Conservative watchdog groups, such as the Heritage Oversight Project, are already preparing to sue to prevent Biden's name from being removed from the ballot.
Mike Howell, executive director of the Heritage Oversight Project, emphasizes that "the leverage is pretty much all with President Biden." Forcing his replacement would be much more challenging than convincing him to withdraw voluntarily. "I expect that is the nature of the conversations," Howell says. "I think the only people right now that are fighting to keep President Biden on the ballot are President Biden, Jill Biden, and, interestingly enough, me, because we will sue to make sure his name stays on the ballot."
Biden's Refusal to Retire Presents Legal Hurdles for Democrats
Replacing a presidential candidate is a complex and time-consuming process. "There are precedents of candidates dying and other state and local races before, but this is uncharted territory because it's presidential," Howell explains. "You have basically 50 different steps, sets of rules, laws, procedures, and political environments that they have to navigate through."
Biden's decision to remain in office mirrors a trend among prominent Democrats who have refused to step down despite pressure from progressives. In 2020, U.S. Supreme Court Justice Ruth Bader Ginsburg passed away at the age of 87, prompting calls for her replacement. However, Amy Coney Barrett was successfully confirmed to her seat.
Biden's Refusal to Retire Presents Legal Hurdles for Democrats
Similarly, Senator Dianne Feinstein passed away at 90, just hours before her last Senate vote. Her seat is now hotly contested between Republican Steve Garvey and Democrat Adam Schiff. Despite facing calls for retirement, House Speaker Nancy Pelosi, 84, has vowed to seek re-election.
On the Republican side, Senate Minority Leader Mitch McConnell, the longest-serving Senate party leader in history, faced calls to retire but announced his withdrawal from his leadership position in November 2023. However, Howell highlights the distinction between McConnell's decision and Biden's situation. "Republicans called on McConnell to step down, and McConnell is stepping down," he says. "So, that is an apples-to-oranges thing."
Biden's Refusal to Retire Presents Legal Hurdles for Democrats
Biden's mental acuity has become a subject of scrutiny following a Washington Journal report that revealed concerns among lawmakers on Capitol Hill about his cognitive abilities. As the 2024 election approaches, the debate over Biden's fitness to serve and the legal implications of replacing him will likely intensify.
