Topline
As President Joe Biden once again rejects growing calls within his own party to end his reelection campaign after his shaky debate performance, some pundits and GOP lawmakers have started pushing for Biden’s cabinet to oust him under a section of the 25th Amendment—including House Speaker Mike Johnson, R-La.—a move that would put Vice President Kamala Harris in charge.
Several Republicans have called for the 25th Amendment to oust President Joe Biden after his rocky ... [+]
Key Facts
The 25th Amendment states the vice president shall replace a president if they die in office or resign, or if members of the president’s cabinet declare the president unable to fulfill the duties of their office.
Under the amendment—which was passed in the aftermath of John F. Kennedy’s assassination—the vice president and the majority of 15 principal officers of the president’s cabinet can give “their written declaration” that the president is “unable to discharge the powers and duties of” the presidency.
That declaration would then be sent to the House speaker and the Senate president, at which point the vice president would “immediately assume” the powers of the presidency, according to Section 4 of the 25th Amendment.
But the president could veto the cabinet’s declaration and resume the position as president.
At that point, the cabinet and vice president would have a four-day window to decide whether or not to effectively override the president’s objection, at which point Congress would have 48 hours to meet, and both the House and Senate need to vote on whether the president is “unable to discharge the powers and duties” of the office—both votes require a two-thirds majority.
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News Peg
In a press conference Tuesday, Johnson reiterated his plea for the Biden administration to invoke the 25th Amendment, calling it an “appropriate time” to take the step, adding: “desperate times call for desperate measures.”
Chief Critics
The New Yorker’s Jeannie Suk Gersen argued after Biden’s poor debate against Donald Trump it “is really a good time for Democratic leaders to dust off their knowledge” about the amendment, saying Biden should resign from the office “as soon as possible,” a move that would make Vice President Kamala Harris president and allow her to run as incumbent. Republicans, who had called for the amendment to oust Biden earlier this year, rekindled that effort over the past week: Johnson told reporters one day after CNN’s debate Biden’s cabinet should consider invoking the amendment, saying he “would be having that discussion” if he were in the cabinet. Rep. Clay Higgins, R-La., and Rep. Chip Roy, R-Texas, a staunch critic of Biden, filed a resolution one day after the debate urging Harris to invoke the amendment and declare Biden unable to fulfill the role of the presidency, with Higgins arguing Biden “has slipped into a rapid decline.” “The Daily Show” host Jon Stewart also mentioned the 25th Amendment following the debate last week, saying Biden did not look “great,” and joking: “A lot of people have resting 25th Amendment face.” At least one Biden cabinet member—who would need to invoke the 25th Amendment—acting Labor Secretary Julie Su, called the idea “absurd” when asked about it by Fox News.
Contra
Some pundits have pushed back on the idea of invoking the amendment: The editorial board of The Wall Street Journal called the move “political catnip,” and warned it “could lead to a chaotic power struggle” to replace Biden. Washington Post columnist Megan McArdle argued the amendment would work well for a temporarily sidelined president—potentially one in a coma—but would be “ill-suited” for a president “who becomes impaired, but not entirely disabled.”
Surprising Fact
Republicans floated the 25th Amendment as a means to remove Biden from office in February, after Department of Justice Special Counsel Robert Hur’s scathing report stemming from allegations Biden mishandled White House documents after his time as vice president. While Hur did not recommend felony charges against Biden, he did lay out a picture of Biden’s failing memory. A group of right-wing pundits and GOP lawmakers—including Sen. Rick Scott of Florida, Sen. Mike Lee of Utah and Sen. Josh Hawley of Missouri, Rep. Marjorie Taylor Greene of Georgia, Rep. Mike Collins of Georgia and Rep. Mary Miller of Illinois—called on Biden’s cabinet to invoke the 25th Amendment at the time, though his cabinet did not take steps to invoke the amendment.
What To Watch For
Trump, along with many Republicans, seem to prefer the former president’s chances against Biden—and are unlikely to press for the 25th Amendment. Trump posted Saturday that “Biden should ignore his many critics and move forward, with alacrity and strength, with his powerful and far reaching campaign. He should be sharp, precise, and energetic, just like he was in The Debate, in selling his policies…”
What Happens If Biden Drops His Campaign Bid On His Own?
If Biden drops out before the Aug. 19 Democratic National Convention, the Democratic Party could hold an open convention, in which the Democratic nominee would be chosen on the floor of the convention. That process has not been used since 1968. Some Democrats have suggested holding debates or polling to determine who could defeat Trump in November, with Rep. Jim Clyburn, D-S.C., suggesting a “mini primary.”
Key Background
Biden performed poorly at the first presidential debate of the 2024 campaign last week, a 90-minute ordeal largely seen as a failure on Biden’s end to assuage Democrats and swing voters he is not too old for four more years in the White House. In that debate, Biden spoke with a hoarse voice—which he later blamed on a cold—and stumbled on some answers, reigniting months-long concerns about the president’s advanced age and mental acuity. Several Democrats in Congress have since called for Biden to drop out of the race, as have multiple of Biden’s billionaire backers. Since the debate, Biden has taken to the campaign trail, speaking at rallies and fundraisers, rejecting calls to step down. In ABC’s interview Friday night, Biden argued the debate was simply a “bad episode,” downplaying concerns about his mental fitness and refusing to take a cognitive test. White House press secretary Karine Jean-Pierre also denied speculation the president is receiving treatment for Parkinson’s disease in a press conference on Monday, even as White House records show a neurologist who specializes in Parkinson’s treatment visited the White House 10 times over the past two years. Speaking to reporters, Jean-Pierre said Biden has met with a neurologist on three occasions during his presidency, though she did not release the name of that doctor and said those visits were related to Biden’s annual physicals.
