
LEGAL SHENANIGANS
Republicans are threatening legal challenges aimed at keeping the new Democratic presidential nominee off state ballots. But such lawsuits have âzero chance,â experts tell What A Day.
- House Speaker Mike Johnson (R-LA) started warming up the GOP lawsuit machine even before President Biden backed away from his campaign on Sunday, raising the prospect of attempting to block Bidenâs replacement from on state ballots earlier that morning on ABCâs âThis Week.â âEvery state has its own system, and in some of these, itâs not possible to simply just switch out a candidate,â Johnson claimed.
- Johnsonâs not alone. The Heritage Foundation, the right-wing think tank associated with the infamous Project 2025 to rapidly reshape the federal government if disgraced former President Trump seizes power, laid out a similar plan back in June. That approach put a focus on three battleground states in particular: Georgia, Nevada and Wisconsin.
- But such threats are wildly overblown, legal experts told What A Day. For one thing, Democrats havenât technically picked a nominee yet â not Biden, and not his most likely successor, Vice President Kamala Harris. That means there is no switcheroo to even talk about, let alone to challenge in court, according to Rick Hasen, a widely-known election law expert at UCLA School of Law.
- âThere is no nominee yet of the Democratic Party for president,â Hasen said. Biden was the presumptive nominee, not the actual nominee. âSo the idea that somehow it would be a problem to switch the nominee is based on a false premise,â he added. That means changing the nominee remains âprimarily a political question, not a legal question,â according to Hasen, at least at this stage.
The upshot is that the GOP dream of using lawfare to keep Bidenâs successor off the ticket looks doomed, especially if Democrats continue to rally around Harris before their convention.
- âI wouldnât be surprised by lawsuits being filed,âJustin Levitt, a constitutional law professor at Loyola Marymount University, told What A Day. âSadly, thatâs the world in which we live. But thereâs zero chance that they work.â Technically speaking, the presidential primary process is for voters to choose delegates to the partyâs convention, which Democrats will hold in August. The partyâs rules for the convention control how the delegates choose the nominee. That means, in short, he said: âThereâs no legal basis for any challenge to win,â based on how the voters have chosen delegates.
- âThe parties control the process as to who their nominee is,â Edward B. Foley, a law professor who leads Ohio State Universityâs election law program, told the Associated Press. âI just donât see how the Republican Party or anyone associated with the Republican Party would have any standing to bring any litigation in connection with this.â
Trump and his top aides fashioned their entire campaign around attacks aimed specifically at Biden. Itâs little wonder theyâre looking for every chance they can to thwart his successor.
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NEWS NEWS NEWS
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