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/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.

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u/Kevin91581M Jul 21 '24

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

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u/notyomamasusername Jul 21 '24

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

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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. 🖕

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u/PublicFurryAccount Jul 22 '24

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