Calls for 25th Amendment Following Biden’s Debate

As President Joe Biden rejects calls from within his own party to step down after a controversial debate performance, some commentators and Republican lawmakers are advocating for the invocation of the 25th Amendment to potentially remove him from office. This push includes prominent figures like House Speaker Mike Johnson, R-La., who argue that this constitutional measure could lead to Vice President Kamala Harris assuming the presidency.

The 25th Amendment, adopted in 1967 following the assassination of President John F. Kennedy, outlines procedures for addressing presidential incapacity. Specifically, Section 4 allows the vice president and a majority of the president’s cabinet to declare the president unable to perform the duties of the office. This declaration, once submitted in writing to the House Speaker and the Senate President, would enable the vice president to assume presidential powers temporarily.

In practical terms, once the declaration is made, the vice president immediately steps in as acting president. However, the president has the right to challenge this declaration and resume office. If this occurs, the cabinet and vice president must decide within four days whether to override the president’s objection. Congress then has 48 hours to convene and vote on the issue. Both the House and Senate must approve the cabinet’s decision by a two-thirds majority for the removal to be permanent.

Recently, Speaker Johnson called for the 25th Amendment to be invoked, describing the current political climate as a situation where “desperate times call for desperate measures.” His comments came in the wake of Biden’s poor performance in a high-stakes debate against Donald Trump, which has intensified scrutiny of Biden’s ability to fulfill his presidential duties.

Jeannie Suk Gersen, writing for The New Yorker, argued that Biden’s lackluster debate performance highlighted the need for Democratic leaders to reconsider their position on the 25th Amendment. Gersen suggested that Biden’s resignation could facilitate Vice President Harris’s ascension to the presidency, allowing her to run as the incumbent in the next election.

The call for invoking the 25th Amendment has gained traction among Republicans. Speaker Johnson and Representatives Clay Higgins and Chip Roy have publicly supported the idea. Higgins, in particular, has expressed concerns about Biden’s rapidly declining mental state, arguing that the president’s performance is indicative of a serious cognitive impairment. Following the debate, Higgins and Roy introduced a resolution urging Harris to consider the amendment, reflecting a broader Republican effort to challenge Biden’s competency.

Even comedian Jon Stewart joined the debate, humorously referencing the 25th Amendment in the context of Biden’s debate performance. Stewart joked about Biden’s appearance, suggesting that the debate could be a reason to discuss the amendment. Meanwhile, Acting Labor Secretary Julie Su, a member of Biden’s cabinet, dismissed the idea of invoking the 25th Amendment as “absurd,” reflecting the differing perspectives within the administration.

Critics of the 25th Amendment’s application argue that invoking it could lead to a chaotic and politically motivated power struggle. The Wall Street Journal’s editorial board criticized the move as “political catnip,” warning that it could destabilize the presidency. Washington Post columnist Megan McArdle contended that the amendment is designed for temporary incapacitation—such as a medical emergency—rather than ongoing impairments, which makes it less suitable for addressing a president with fluctuating abilities.

The discussion around the 25th Amendment is not entirely new. Earlier this year, after a critical Department of Justice report on Biden’s handling of classified documents, some Republicans suggested using the amendment to remove him from office. Although the report did not recommend criminal charges, it raised concerns about Biden’s memory and cognitive health. GOP members, including Senators Rick Scott, Mike Lee, and Josh Hawley, along with Representatives Marjorie Taylor Greene, Mike Collins, and Mary Miller, called for the amendment’s invocation at that time. However, these calls did not result in any formal action by Biden’s cabinet.

Looking ahead, Trump and many Republicans appear to prefer Biden as his opponent, and are unlikely to push for the 25th Amendment. Trump himself has publicly encouraged Biden to continue his campaign, urging him to remain vigorous and focused. Trump’s support for Biden continuing in the race reflects a strategic preference for facing the incumbent president in the upcoming election.

If Biden were to withdraw from the race before the Democratic National Convention on August 19, the party might face an open convention. This scenario, which has not been used since 1968, would involve selecting a new nominee directly on the convention floor. Some Democrats have proposed holding debates or conducting polling to determine a strong candidate, with Rep. Jim Clyburn suggesting a “mini primary” to identify the best contender against Trump.

Biden’s debate performance has reignited concerns about his age and mental fitness, leading some Democrats and major backers to question his candidacy. Despite these concerns, Biden has continued to campaign, dismissing the debate as an isolated incident and rejecting calls for a cognitive evaluation. White House press secretary Karine Jean-Pierre has also refuted rumors about Biden receiving treatment for Parkinson’s disease, despite records showing multiple visits from a neurologist specializing in the condition. Jean-Pierre emphasized that these visits were part of Biden’s routine physicals.

In summary, the debate over the 25th Amendment’s potential invocation highlights the complex and politically charged nature of discussions surrounding Biden’s fitness for office. This constitutional provision is being scrutinized as part of a broader debate about Biden’s ability to serve effectively as president, reflecting ongoing tensions within both the Democratic and Republican parties.