Donald Trump’s REPUBLICAN allies could launch a legal warfare plot to try to stop Kamala Harris from running for president, reports claim.
But any attempt by a nervous Republican to force Biden to remain on the ballot would likely fail, experts said.
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After Biden’s unprecedented withdrawal from the election, he supported Vice President Harris as the official Democratic candidate.
Although a deal has not yet been reached, Harris is by far the most likely candidate to win the nomination at the Democratic National Convention in August.
There are even reports that party delegates could hold a virtual meeting to select her before the convention begins in Chicago on August 19.
Republicans, who may be uneasy about the new energy coming from Harris’ campaign, could be devising a plan to try to block her from running.
Trump allies told CNN that conversations are ongoing about whether they can challenge his removal from the ballot in favor of Harris.
It’s unclear exactly what such a plan would look like — or whether there are concrete plans to make it happen.
They may try to argue that putting Harris on the ticket is undemocratic since most delegates voted for Biden and now have few options against the clock, the reports say.
Other possible paths include trying to remove his access to campaign funds or blocking his name from the ballot in certain states.
Harris already has the support of at least 2,214 Democratic delegates, more than the 1,976 she would need in the first round of voting at next month’s convention. a survey of delegates by the Associated Press found.
Before Biden’s official announcement, the most prominent Republican in the House – Mike Johnson – said in an interview with CNN that there could be “legal obstacles” in certain US states in changing candidates.
He also threatened to sue to try to force Biden, significantly behind Trump in the polls, to stay in the race – at least in some US states.
Johnson told ABC News: “Each state has its own system… and in some of them, you can’t just change a candidate.”
But Elaine Kamarck, a member of the Democratic National Committee’s rules committee, told USA Today she doesn’t expect a serious Republican challenge to Harris.
Other legal experts have largely rejected theories that these arguments would hold up in court.
Justin Levitt, a political law professor at Loyola Law School, told CNN that a challenge like this “misconstrues” the presidential primary process.
Biden was selected by delegates during the Democratic primaries.
But those delegates are not legally obligated to officially nominate him at the convention if they don’t want to — or if, in an extreme scenario like this — he’s not already running.
They also don’t need to vote for Harris simply because she is Biden’s first choice, although that is widely expected.
Ben Ginsberg, a lawyer for the Republican campaign, said: “I find it impossible to believe that a lawsuit like this would succeed.”
He warned: “But for the performance art of thinking that might somehow cast doubt on Harris’ legitimacy, it’s not impossible that someone would file a meritless lawsuit to try to dust things off.”
More challenges from the Republican Party could point to the important funds raised by the Biden-Harris campaign before the President’s resignation – around $240 million.
Harris has already completed the necessary paperwork to present her as the new presidential candidate, and since she was already on the Democratic ticket, there is likely no legal basis for a challenge.
Not to mention, she herself saw over $81 million in donations within just 24 hours of starting the campaign.
Republicans on Trump’s side tried to use legal warfare before 2020 to overturn the election that saw Biden defeat Trump for the White House — and failed.
There are also only about 100 days until the November 5 election.
Any legal complaints from the Republican camp could take months or even years to process – and bureaucratic processes would stretch this situation even further.
There are also legal precedents to consider, previous court decisions handed down in the US that set benchmarks for future legal proceedings.
Trump v Anderson, a Supreme Court case, looked at Colorado’s attempt to remove Trump from the state ballot because of his role in the Jan. 6 Capitol riot.
It established a standard that would prevent states from rejecting the Republican or Democratic party’s choice of candidate.
If a plan is afoot in the Trump camp to challenge Harris, he’s likely to be on shaky legs and won’t hold up in a court of law.
What happens next?
President Biden has endorsed Vice President Kamala Harris, but nominating a new Democratic nominee will not be a simple process.
Here’s what’s next after Biden’s stunning announcement.
Biden secured nearly 4,000 delegates by winning the state caucuses and primaries earlier this year. He was supposed to be officially named the Democratic nominee in a virtual vote before the Democratic National Convention, which begins on August 19.
However, Democratic Party rules do not allow Biden to simply pass his 3,896 delegates to Harris or another candidate.
Harris will now have to convince the nearly 4,000 delegates and 700 superdelegates to support her and nominate her candidate.
Delegates are free agents who can choose to support whichever candidate they wish – likely without voter input at this stage, since the primaries and caucuses have already been held.
All eyes are now on the previously planned virtual vote – where the Democratic Party could choose a candidate before the DNC begins.
Biden’s support for Harris will likely sway delegates, and no one has publicly challenged her as a candidate — but delegates are not required to support her.
Even if virtual voting is not held, the party could still choose Harris or another candidate before the convention.
If Democrats do not nominate their candidate before the DNC, it will be the first open and contested convention since 1968.
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