After President Biden dropped out of the presidential race and endorsed Harris, an unprecedented exit that followed months of hand-wringing over Biden’s age, some Republicans have signaled that legal challenges to Harris’s potential nomination may be forthcoming.
“It will be litigated, I expect, on the ground there,” House Speaker Mike Johnson (R) said on CNN. The Oversight Project, which is run by the conservative Heritage Foundation, wrote on X that the organization has been “preparing for this moment for months,” in an apparent response to Biden’s campaign departure.
But legal experts said it’s highly unlikely that Republicans could successfully thwart a Harris candidacy through legal challenges to her placement on the ballot — the chief reason being that Biden “was never the Democratic nominee,” said Paul Schiff Berman, a professor at George Washington University Law School.
While Biden was the presumptive nominee, he was expected to officially secure the nomination at the Democratic National Convention this August.
Until it becomes official, “there's nothing to swap out,” Berman said. “And there's no requirement that either political party pay attention to what happens in the primaries.” Now that Biden has left the race, Harris must secure the support of the party’s delegates to cinch the nomination. Read more on the process and Harris’s potential path to the nomination.
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