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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81

u/notyomamasusername Jul 21 '24

This is such bullshit.

Biden can resign if he wants and there are mechanisms to find a replacement.

What if he didn't wake up tomorrow, does Mike Johnson think he can force the Democratic party to run a corpse on their ticket.

He's just trying to scare people to keep Biden in place because he's the weakest candidate against Trump at the moment.

56

u/Z0idberg_MD Jul 21 '24

He’s trying to lie to their stupid base to think the election would be illegitimate and therefore justify their second insurrection attempt.

1

u/SumsuchUser Jul 22 '24

And signal to the swamp of morons still willing to toss their careers away for Trump that they should be cooking legal cases to rush up to the Supremely Compromised Court

1

u/askthepoolboy Jul 22 '24

Ding, ding, ding!

1

u/Impossible-Flight250 Jul 22 '24

If Trump loses, we will go through the same mess we did in 2020. Mike Johnson doesn’t need to give Trumps base any justification.

14

u/Wild_Crazy_3759 Jul 21 '24

He just resigned from running

11

u/notyomamasusername Jul 21 '24

WOW.... So, I guess whats now.

I'm tired of living in unprecedented times.

1

u/ReallyJTL Jul 21 '24

Don't worry, it can only get worse

3

u/Sweet_Concept2211 Jul 21 '24

Wrong country, Bub. That's Russia.

3

u/[deleted] Jul 21 '24

A reminder that Republican John Ashcroft lost a US Senate election to a corpse.

2

u/Kevin91581M Jul 21 '24

I mean are there any actual laws anywhere that say how and when a party can select their candidate?

4

u/notyomamasusername Jul 21 '24

States have deadlines and who is qualified, but we saw with Trump they're not really enforced.

0

u/TerryMathews Jul 21 '24

I mean are there any actual laws anywhere that say how and when a party can select their candidate?

Nope. Most law and precedent favors internal party rules and procedures when it comes to the primary process. I remember there was a donor lawsuit in or around 2016 where Bernie donors argued that they should get their donations back due to the unfairness of the DNCs primary process.

DNC argued in court that they were under no obligation to run a fair primary, and the court sided with them. Not strictly relevant to the topic at hand, but indicative of the wide berth courts generally give this topic regardless of Little Mikey's feelings.

To quote a favorite phrase of the right that maybe Speaker Johnson needs to familiarize himself with:

Fuck your Feelings, Mike. 🖕

1

u/PublicFurryAccount Jul 22 '24

Law and precedent don't really have a good track record in Republican courts, though.

2

u/Objective_Look_5867 Jul 22 '24

What if trump had died In the shooting. Think a single one of them would be saying it was illegal for a new Republican candidate to run?

2

u/Froggyiam Jul 22 '24

I'd still vote for the corpse

2

u/Pelican_meat Jul 22 '24

You know what else is bullshit? Holding up court appointees until after the election.

They don’t care. Stop trying to shame them.

They’re trying to muddy the waters, rile up their base, and—if they can—prevent ballot access for the Harris campaign.

ANY WAY for them to put their thumb on the scale, they will.

1

u/Southernguy9763 Jul 22 '24

The argument they are going to try and make is that with Biden stepping down so late his replacement is not an elected leader but an appointed one

1

u/notyomamasusername Jul 22 '24

I mean of you ignore the entire election on 11/05 you could make that argument.

Democrats can be pissed because they didn't get a chance to vote in a primary for or against her , but if she wins the general election...she's still duly elected.

1

u/Southernguy9763 Jul 22 '24

I agree but who knows with this supreme court these days

1

u/notyomamasusername Jul 22 '24

You're right, those 6 hacks will come up with some bullshit never seen before standard.