WASHINGTON, D.C. — In a startling move that shifted the trajectory of the 2024 presidential race, President Joe Biden on Sunday announced his decision to withdraw his candidacy. His decision, which comes mere months before the Democratic National Convention, is anticipated to ignite a flurry of political activity but unlikely to encounter serious legal challenges despite potential discontent from some quarters.
Republicans have posited that Biden’s early departure might instigate legal repercussions, focusing in particular on possible challenges related to state laws on replacing nominees. This stems from discussions and a memo circulated by The Heritage Foundation, which highlighted specific states like South Carolina and Wisconsin where legal complexities could potentially arise.
However, several election law specialists have countered these predictions. They highlight the fact that the official Democratic nominee is yet to be formally chosen at the convention, suggesting that changing candidates at this point shouldn’t infringe any laws. UCLA’s law professor, Rick Hasen, dismissed concerns as overly speculative, noting the nominee recognized by state laws is typically confirmed at the national conventions.
Supporting Hasen’s views, Josh Douglas, a voting rights expert at the University of Kentucky, voiced his opinions on X, emphasizing that any lawsuits challenging this move would lack a legal foothold and be more about political posturing than genuine legal grievances.
In response to the unfolding situation, prominent voting rights attorney Marc Elias reassured that regardless of Biden’s withdrawal, the Democratic Party would still manage to field a nominee across all states. “Before the media gets rolling, let me be clear: The Democratic nominee for president will be on all 50 state ballots. There is no basis for any legal challenge. Period,” Elias stated.
Amid this political shakeup, questions loom about where, if at all, Republicans might attempt to institute legal challenges. Though The Heritage Foundation’s insights suggest that most states will defer to the national party’s directives in replacing a candidate, they noted potential threats may focus on states with stringent substitution regulations.
While some may argue that Biden stepping down could disenfrigate his primary voters, experts like Andy Craig from the Rainey Center argue that primary elections essentially serve as advisory, given that delegates at the conventions have the ultimate say in nominating the candidate.
Biden’s unexpected announcement followed a period of intense scrutiny and pressure from various Democratic stakeholders concerned about his campaign’s viability and overarching fitness given his age and performance in recent engagements. After declaring his withdrawal, Biden endorsed Vice President Kamala Harris as his preferred successor, likely aiming to ensure some continuity in leadership and policy.
As the Democratic Party and its supporters recalibrate their strategies leading up to the convention, the legal landscape appears stable, albeit the political arena might be heading for turbulence. How this will influence voter sentiment and the general election remains to be seen as the nation comes to terms with Biden’s surprising decision and its implications for the future of American politics.