Can Republicans stop Biden from running for president?
Former President Donald Trump’s allies are considering legal challenges to prevent President Biden from being removed from the Democratic ticket, despite ending his campaign. However, election law experts believe these court battles aimed at blocking Vice President Kamala Harris from becoming the presidential candidate are unlikely to succeed in federal courts.
In an interview on ABC News’ “This Week,” House Speaker Mike Johnson suggested that Republicans could file lawsuits in states where Biden is not on the ballot. However, legal experts like David Becker from CBS News argue that such claims have no legal basis and are likely to be quickly dismissed by the courts.
The Heritage Foundation, a conservative think tank overseeing the Project 2025 transition initiative, has also hinted at legal action to maintain Biden’s candidacy on the ballot. The group’s Oversight Project cited potential pre-election litigation in states such as Georgia, Nevada, and Wisconsin, raising concerns about election integrity and candidate substitution processes.
While no lawsuits have been filed yet, the possibility of challenges remains. Trump’s campaign has not confirmed if they will pursue legal action. Nonetheless, experts like Derek Muller from the University of Notre Dame suggest that the likelihood of success for such lawsuits is low due to various factors, including ballot-access deadlines and legal standing.
As Democrats approach their nominating process, which includes a virtual roll call vote in early August, the party is expected to officially nominate Vice President Kamala Harris as the presidential candidate. This decision comes after Biden announced his withdrawal from the race, leaving open questions about delegate votes and the nomination process.
While Mr. Biden had secured enough delegates in March to win the party’s nomination, his exit raised concerns about delegate loyalty and the party’s rules. Legal experts clarify that delegates are not bound to select Biden even though he won primaries, leaving the door open for Harris to secure the nomination with endorsements from state delegations.
Following the nomination process, the Democratic ticket, including the presidential and vice-presidential candidates, will be submitted to state election officials for placement on ballots nationwide. Despite potential legal challenges, experts remain confident that all 50 states will feature the nominated Democratic ticket in the upcoming election.
Building on a recent Supreme Court ruling regarding ballot access, experts emphasize the importance of maintaining consistency in candidate selection across states to avoid undermining the democratic process. The unanimous decision in that case highlighted the need to prevent any single state from influencing the outcome of a presidential election through disparate ballot access laws.
As the Democratic Party finalizes its presidential ticket in the coming weeks, the focus remains on ensuring a fair and orderly election process free from legal disputes that could disrupt the electoral system. With the nomination of Vice President Kamala Harris on the horizon, the stage is set for a consequential and closely watched presidential race in the months ahead.
