If Biden Quits, House Speaker Warns Republicans Could Bring Legal Challenges

 

U.S. Speaker of the House Mike Johnson, R-LA., speaks following a briefing with National Security Advisor Jake Sullivan at the U.S. Capitol on Feb. 15, 2024

House Speaker Mike Johnson, R-La., on Sunday said Republicans would likely file legal challenges in any state possible if President Joe Biden drops off of the Democratic ticket, with many Democrats considering a replacement candidate the best option to help the party beat former President Donald Trump as concerns increase among voters and elected officials about Biden’s age and mental fitness.

KEY FACTS

Johnson said it may be against the legal electoral process in some states for the winner of a major party's primary election to be replaced on the ticket by another candidate, and suggested Republicans would look toward filing legal challenges in states where such a change could be contested.

In an interview with CNN, Johnson said it would be "very interesting to see if the so-called party of democracy, the Democrats, go into a backroom somewhere and switch it out and put someone else at the top of the ticket.”

“Every state has its own system, and in some of these, it’s not possible to simply just switch out a candidate," Johnson said, though he did not name specific states where this applies.

If Biden does drop out, a replacement candidate would be officially chosen next month by delegates at the Democratic National Convention, possibly through an open convention, where delegates could vote for whomever they please, or a brokered convention, where delegate votes would be subject to backroom deals "brokered" by local and state officials.

Some prominent Democrats, including Rep. James Clyburn, D-S.C., and Democratic political consultant James Carville, have suggested holding a “mini-primary” to select a replacement, which would involve a series of debates, town halls and other events to familiarize delegates with candidates’ platforms before the convention.

After the Democratic National Convention, it would become much more difficult for Biden to drop out of the race and it’s possible the ultimate decision on any legal challenges would end up in the hands of the Supreme Court.

Biden has repeatedly said he has no plans to drop out of the race and his campaign reiterated his stance in a memo Friday: "He’s in this race and he’s in it to win it," the memo said.

BIG NUMBER

14 million. That's how many Democrats voted for Biden in the 2024 presidential primaries.

KEY BACKGROUND

Biden's ability to continue as president has been a point of contention since his disastrous debate performance against Trump in June. Biden often appeared to lose his train of thought, gave disjoined answers and, at times, stood with a blank stare on his face as his opponent spoke. The day after the election, the New York Times editorial board published an opinion piece titled, "To Serve His Country, President Biden Should Leave the Race." The performance raised concerns that Biden is no longer mentally able to perform the job and won't have the voter confidence required to beat Trump in November, leading a number of Democrats to urge him to drop out and be replaced with another candidate with better chances of winning.

CHIEF CRITICS

Dozens of Democratic lawmakers have called for Biden to end his reelection 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 longtime Democrat, joined the calls on Sunday and told CNN it was time for Biden to “pass the torch” after telling ABC News he was "concerned about the president’s health and well-being."

WHAT WE DON’T KNOW

What Biden will do. Despite repeatedly saying he plans to stay in the race, CNN, The New York Times and Axios have all reported that he is getting closer to dropping out.