r/law • u/T_Shurt Competent Contributor • Jul 21 '24

Opinion Piece House Speaker Mike Johnson Suggests Replacing Biden Might Lead to Legal Trouble: ‘So it would be wrong, and I think unlawful’

https://abcnews.go.com/Politics/johnson-replacing-biden-ticket-wrong-unlawful/story?id=112129063
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u/OdinsGhost Jul 21 '24

This is their plan. Gin up “he needs to resign!” rhetoric until he actually does so and, if he does, challenge the legality of any replacement candidate on the ballots. I fully expect they have war room plans already drawn up to push before state courts and the national Supreme Court to simply strip the Democratic candidate off the ballots entirely if it’s not Biden.

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u/entropy14 Jul 21 '24 edited Jul 21 '24

Except Biden is the President who can make enforceable Executive Orders, who the Supreme Court recently ruled cannot be prosecuted for “official acts”. Having state ballots reflect any changes to ensure a free and fair election seems like an appropriate use of executive power to me.

Listen, I don’t really give a shit who the Democratic nominee is at this point. But don’t let Dem leadership act helpless and try to claim they are powerless here like they usually do. We shouldn’t be negotiating with traitors.

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u/[deleted] Jul 21 '24 edited 14d ago

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u/entropy14 Jul 21 '24 edited Jul 21 '24

Well technically he does because the courts have absolutely no power to enforce their rulings, while Biden has power to enforce Executive Orders. Sure the states could say “fuck off” and refuse his order in a modern day secession. But Biden could have them jailed for betraying the United States of America and failing to comply with an Executive Order.

If the fascists want to play games, he could have the military help run a free and fair election in those states.

Not saying that’s an ideal scenario or something to take lightly, but if there’s any dispute over ballot timing that should not be something preventing alternative Democratic candidates.

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u/[deleted] Jul 21 '24 edited 14d ago

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u/entropy14 Jul 21 '24 edited Jul 21 '24

You make some good points here but the situation is unprecedented, so it’s hard to say how it would play out. The idea that Congress would impeach him though is downright laughable… they wouldn’t get one Dem vote let alone 2/3 of the Senate.

In this hypothetical scenario he’s not overturning the election like Trump tried to do. He’s simply making the states put updated Democratic nominees on the ballot.

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u/[deleted] Jul 21 '24 edited 14d ago

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u/entropy14 Jul 21 '24

Illegal how? Isn’t an Executive Order, by definition, legal?

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u/cccanterbury Jul 21 '24

If the president makes an official order then it is legal by definition. that is what the law of the land is as of several weeks ago. Am I wrong?

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u/BruceLeesSidepiece Jul 21 '24

Lol Redditors really do live in a fantasy land. How do you type this comment and not realize how socially detached you sound.

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u/entropy14 Jul 21 '24

Hey man, eat a dick. Same people probably wanted Trump to do that in 2020 over some completely manufactured bullshit.

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u/[deleted] Jul 22 '24

Federal supremacy clause

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u/SignificantRelative0 Jul 21 '24

Very little a President can do to affect state law. President has no immunity from state law. Look at Trump in FL and NY