Johnson: Legal Challenges if Biden Withdraws

House Speaker Mike Johnson, R-La., warned on Sunday that Republicans are poised to launch legal challenges across multiple states if President Joe Biden withdraws from the Democratic ticket. This potential strategy comes as an increasing number of Democrats view replacing Biden as a necessary step to enhance their chances against former President Donald Trump in the upcoming election. Concerns about Biden’s age and mental fitness have been growing among voters and elected officials, prompting discussions about alternative candidates.

Johnson highlighted that in some states, the legal electoral process may prohibit the substitution of a primary winner with another candidate. This could lead to significant legal battles if the Democratic Party attempts to replace Biden on the ticket. During an interview with CNN, Johnson speculated about the possibility of Democrats orchestrating a “backroom deal” to switch candidates, pointing out that each state has its own regulations that might prevent such a maneuver. He did not, however, specify which states would be most affected by these legal constraints.

If Biden decides to step down, the selection of a new candidate would occur at the Democratic National Convention, which is set to take place next month. Delegates at the convention could either participate in an open convention, where they are free to vote for any candidate, or a brokered convention, where delegate votes could be influenced by negotiations and agreements among party officials. Some prominent Democrats, including Rep. James Clyburn, D-S.C., and political consultant James Carville, have proposed organizing a “mini-primary.” This process would involve a series of debates, town halls, and other events to familiarize delegates with potential candidates and their platforms before making a final decision at the convention.

The timing of Biden’s potential withdrawal is crucial. If he steps down after the Democratic National Convention, the process becomes significantly more complicated. Legal challenges to a mid-campaign candidate switch could escalate to the Supreme Court, adding a layer of uncertainty to the election process. Despite the speculation, Biden has repeatedly asserted his intention to remain in the race. His campaign reiterated this stance in a memo released on Friday, stating, “He’s in this race and he’s in it to win it.”

Biden’s ability to continue as president has been a contentious issue, particularly after his performance in a debate against Trump in June. During the debate, Biden frequently lost his train of thought, provided disjointed answers, and occasionally stood silently as his opponent spoke. The day following the debate, the New York Times editorial board published an opinion piece titled, “To Serve His Country, President Biden Should Leave the Race.” This performance intensified concerns about Biden’s mental acuity and his capability to perform presidential duties, leading some Democrats to call for his withdrawal and replacement with a candidate deemed more capable of winning the election.

Several Democratic lawmakers have publicly urged Biden to end his re-election campaign, including Sen. Sherrod Brown, D-Ohio, Rep. Adam Schiff, D-Calif., and Sen. Peter Welch, D-Vt. Independent Sen. Joe Manchin of West Virginia, a former Democrat, also joined these calls, expressing his concerns about Biden’s health and well-being. Manchin stated on CNN that it was time for Biden to “pass the torch” and emphasized the need for fresh leadership.

Despite Biden’s repeated declarations of his commitment to the race, major news outlets such as CNN, The New York Times, and Axios have reported that he may be considering withdrawal. This ongoing speculation underscores the uncertainty surrounding Biden’s candidacy and the potential legal and political ramifications if he decides to step down.