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That is a 2nd question, and one not based on fact
Posted on: July 24, 2024 at 12:55:07 CT
Ace UNC
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“In the coming days, the Party will undertake a transparent and orderly process to move forward as a united Democratic Party with a candidate who can defeat Donald Trump in November. This process will be governed by established rules and procedures of the Party. Our delegates are prepared to take seriously their responsibility in swiftly delivering a candidate to the American people.”
“First of all, the Democratic Party is not ‘replacing or switch[ing] out’ its nominee,” Edward B. Foley, the director of the election law program at Ohio State University, told us via email. “Biden was never the official nominee, only the presumptive nominee. The nominee is chosen by the delegates to the convention, either at the convention or in a virtual roll call beforehand, neither of which has occurred yet.
“Moreover, political parties have the constitutional right to determine the procedure by which they select their nominees, as repeatedly confirmed by the Supreme Court,” Foley said, citing the Supreme Court cases Democratic Party of United States v. Wisconsin ex rel. La Follette and California Democratic Party v. Jones.
“The authority of the national parties to choose their nominee in the event the nominee can’t run comes as a surprise to many in this day of wall-to-wall primaries,” Elaine Kamarck, author of “Primary Politics: Everything You Need to Know about How America Nominates Its Presidential Candidates,” wrote in September. “And yet, it is a reminder that the choice of a nominee is party business — not state law, not federal law, and not constitutional law.”
Foley said there “would be no basis whatsoever for Republicans (or anyone else) to challenge the Democratic Party’s decision to follow its own rules in nominating someone other than Biden.”
According to the Democratic Party’s rules, Foley said, “the presidential preference primaries determined who the convention delegates are; the primary voters did not directly choose the party’s nominee. Biden’s now having voluntarily withdrawn from the race before the delegates nominated him based on his status as presumptive nominee as a result of the primaries, the delegates are free pursuant to the party’s own rules to choose a different person as their nominee. There has been no disenfranchisement of primary voters as a part of the process of the party following its own nomination rules.”
Joshua Douglas, a professor at the University of Kentucky’s J. David Rosenberg College of Law, echoed that point via an email to us, saying, “Speaker Johnson’s claims are absolutely false.”
“Biden was not the official nominee,” Douglas said. “The nominee is not determined until the Convention when the delegates nominate someone. The claims that there is some kind of legal reason Biden must be on the ballot are simply wrong. Every state puts on the ballot the person who the parties nominate at their convention. Trump was not the official nominee until last week when the RNC formally nominated him. There is no basis whatsoever for states not to put whoever the Democrats nominate on the ballot.”
“First of all, the Democratic Party is not ‘replacing or switch[ing] out’ its nominee,” Edward B. Foley, the director of the election law program at Ohio State University, told us via email. “Biden was never the official nominee, only the presumptive nominee. The nominee is chosen by the delegates to the convention, either at the convention or in a virtual roll call beforehand, neither of which has occurred yet.
“Moreover, political parties have the constitutional right to determine the procedure by which they select their nominees, as repeatedly confirmed by the Supreme Court,” Foley said, citing the Supreme Court cases Democratic Party of United States v. Wisconsin ex rel. La Follette and California Democratic Party v. Jones.
“The authority of the national parties to choose their nominee in the event the nominee can’t run comes as a surprise to many in this day of wall-to-wall primaries,” Elaine Kamarck, author of “Primary Politics: Everything You Need to Know about How America Nominates Its Presidential Candidates,” wrote in September. “And yet, it is a reminder that the choice of a nominee is party business — not state law, not federal law, and not constitutional law.”
Foley said there “would be no basis whatsoever for Republicans (or anyone else) to challenge the Democratic Party’s decision to follow its own rules in nominating someone other than Biden.”
According to the Democratic Party’s rules, Foley said, “the presidential preference primaries determined who the convention delegates are; the primary voters did not directly choose the party’s nominee. Biden’s now having voluntarily withdrawn from the race before the delegates nominated him based on his status as presumptive nominee as a result of the primaries, the delegates are free pursuant to the party’s own rules to choose a different person as their nominee. There has been no disenfranchisement of primary voters as a part of the process of the party following its own nomination rules.”
Joshua Douglas, a professor at the University of Kentucky’s J. David Rosenberg College of Law, echoed that point via an email to us, saying, “Speaker Johnson’s claims are absolutely false.”
“Biden was not the official nominee,” Douglas said. “The nominee is not determined until the Convention when the delegates nominate someone. The claims that there is some kind of legal reason Biden must be on the ballot are simply wrong. Every state puts on the ballot the person who the parties nominate at their convention. Trump was not the official nominee until last week when the RNC formally nominated him. There is no basis whatsoever for states not to put whoever the Democrats nominate on the ballot.”
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That is a 2nd question, and one not based on fact - Ace AU - 7/24 12:55:07