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Biden Exit Sparks Contemplation of Legal Challenges from Conservatives

 July 22, 2024

President Joe Biden's decision to bow out of the 2024 election race has triggered a significant reaction from multiple fronts, with one conservative group now spearheading potential legal challenges in response to Biden's withdrawal.

The Heritage Foundation’s Oversight Project is advancing plans for litigation against Biden's decision, though no lawsuits have yet been filed, as the Washington Examiner reports.

Biden announced his withdrawal from the race on Sunday in a move that came following extensive speculation and internal discussions within his party.

The Heritage Foundation had anticipated this possibility, having publicized a memo as early as June 21, which pointed to the potential for Biden’s withdrawal after the recent presidential debate. This document highlighted various concerns, particularly around the process of selecting a new nominee to appear on the ballot.

Conservative Group Mobilizes Legal Efforts

The Oversight Project has been vocal about its intent to challenge Biden's withdrawal. "Stay tuned," they urged in a recent social media post, alluding to forthcoming efforts to litigate the president's departure from the race. They emphasized in a statement, “We have been preparing for this moment for months ... Many in the media tried discrediting us ... Who is laughing now? No more ‘making it up as you go’ elections.”

Although concrete legal actions have not yet commenced, the Oversight Project is considering lawsuits in strategically important states, such as Georgia, Nevada, and Wisconsin. Experts in electoral law, however, have expressed doubts about the feasibility of these challenges.

Experts Weigh in on Legal Viability

Rick Hasen, a professor at the University of California, offered a critical perspective on the legal challenge. “In the unlikely event that a state law would make Biden be forced to be listed on the ballot (I’m not even sure how that could be)," he remarked, “then I expect litigation would place the actual nominee of the party on the ballot.” He underscored the principle that voters are entitled to vote for a party’s chosen candidate, a guideline backed by longstanding jurisprudence.

Similarly, Marc Elias, a prominent lawyer for the Democratic Party asserted, “The Democratic nominee for president will be on all 50 state ballots,” dismissing any legal challenge as baseless.

Political Repercussions and Responses

Earlier in the year, the Democratic Party faced its own legal setbacks. Their attempts to prevent former President Donald Trump from appearing on the ballot were overturned by the Supreme Court. These precedents underscore the contentious nature of election-related litigation in the United States.

House Speaker Mike Johnson (R-LA) weighed in on the current developments, suggesting that Biden’s withdrawal could indeed face legal challenges. Johnson referenced the 14 million primary votes that Biden had garnered, speculating that this may create "legal hurdles in some of these states."

The Democratic National Committee (DNC) has announced that they will convene to decide on a new candidate during an open convention in August, with Vice President Kamala Harris emerging as a probable nominee.

Preparing for a Pivotal August Convention

As the DNC prepares for its convention, the focus is likely to shift towards determining a seamless transition in leadership.

The intense scrutiny and legal challenges surrounding Biden’s withdrawal will undoubtedly play a crucial role in shaping the narrative leading up to the election.

In the meantime, legal experts and political analysts will continue to monitor the situation closely. The forthcoming litigation, if filed, will set the stage for a potentially unprecedented legal battle over election procedures and nominee selections.

Conclusion

President Joe Biden’s unexpected withdrawal from the 2024 election has sparked significant legal and political maneuvering.

The Heritage Foundation's Oversight Project is preparing to challenge the decision, though no lawsuits have been filed yet.

Election law experts remain skeptical about the viability of these lawsuits, underscoring that voters should have the right to vote for their party’s nominee.

The Democratic Party will make a pivotal decision at its August convention, likely nominating Vice President Kamala Harris, while political and legal processes continue to unfold.