This was always the plan. They will contest any replacement and then only Trump will be on the ballot. AOC tried to warn you fucking people. This is why Biden needed to go over a year ago and the PARTY said “fuck you guys” until it was too hard to fucking ignore.

  • camr_on@lemmy.world
    link
    fedilink
    arrow-up
    9
    ·
    2 months ago

    You gonna take Johnson’s word for what can and can’t be done? Biden wasn’t even the official candidate yet until the DNC. Calm down for a second

      • Flying Squid@lemmy.world
        link
        fedilink
        arrow-up
        2
        ·
        edit-2
        2 months ago

        That may not be Mike’s decision. Would you want to be in the family pictures of a family where the dad and son let each other know every time they spank it?

        • Burn_The_Right@lemmy.world
          link
          fedilink
          arrow-up
          3
          ·
          2 months ago

          I’m not Mike’s son, but I send him a detailed email everytime I spank it. I like to address him as “Daddy” and I usually include pictures.

    • Todd Bonzalez@lemm.ee
      link
      fedilink
      arrow-up
      2
      ·
      2 months ago

      Besides, in a pinch couldn’t Biden step down and make Kamala the incumbent, and then they’d have to very stupidly argue that the incumbent wasn’t a valid candidate?

  • ᴇᴍᴘᴇʀᴏʀ 帝@feddit.uk
    link
    fedilink
    English
    arrow-up
    7
    ·
    2 months ago

    Election law expert Richard Hasen wrote that there is “no credence” to the notion that the Democratic Party could not legally replace Biden on the ticket, as he is not the nominee yet – the nominating process generally takes place during the Democratic National Convention.

    “Joe Biden is not the party’s nominee now, and states generally point to the major party’s nominee as the one whose name is on the ballot,” he wrote in a piece earlier this month.

    I think I’ll believe the expert.

    • cheese_greater@lemmy.world
      link
      fedilink
      arrow-up
      2
      ·
      2 months ago

      It seems like everything is litigable so we shall see, I put no new low below these animals currently controlling the judiciary

      • tal@lemmy.today
        link
        fedilink
        English
        arrow-up
        2
        ·
        2 months ago

        You can file a lawsuit over anything.

        A judge might throw your case out rather than let it go to court if it doesn’t even warrant a case, but something being “litigable” isn’t much of a bar.

        If someone repeatedly files frivolous lawsuits purely for the purpose of harassing someone, they might be guilty of barratry, depending upon locale.

        https://en.wikipedia.org/wiki/Barratry_(common_law)

        Barratry (/ˈbærətri/ BARR-ə-tree, from Old French barat (“deceit, trickery”)) is a legal term that, at common law, described a criminal offense committed by people who are overly officious in instigating or encouraging prosecution of groundless litigation, or who bring repeated or persistent acts of litigation for the purposes of profit or harassment.

        Although it remains a crime in some jurisdictions, barratry has frequently been abolished as being anachronistic and obsolete.

        If barratrous litigation is deemed to be for the purpose of silencing critics, it is known as a strategic lawsuit against public participation (SLAPP). Jurisdictions that otherwise have no barratry laws may have SLAPP laws.

        United States

        Several jurisdictions in the United States have declared barratry (in the sense of a frivolous or harassing litigant) to be a crime as part of their tort reform efforts. For example, in the U.S. states of California, Oklahoma, Pennsylvania, Virginia, and Washington, barratry is a misdemeanor. In Texas, barratry is a misdemeanor on the first conviction, but a felony on subsequent convictions.

        • California Penal Code Section 158: “Common barratry is the practice of exciting groundless judicial proceedings, and is punishable by imprisonment in the county jail not exceeding six months and by fine not exceeding one thousand dollars ($1,000).”

        • California Penal Code Section 159: “No person can be convicted of common barratry except upon proof that he has excited suits or proceedings at law in at least three instances, and with a corrupt or malicious intent to vex and annoy.”

        • Revised Code of Washington 9.12.010: “Every person who brings on his or her own behalf, or instigates, incites, or encourages another to bring, any false suit at law or in equity in any court of this state, with intent thereby to distress or harass a defendant in the suit, or who serves or sends any paper or document purporting to be or resembling a judicial process, that is not in fact a judicial process, is guilty of a misdemeanor; and in case the person offending is an attorney, he or she may, in addition thereto be disbarred from practicing law within this state.”

        • Virginia laws on barratry, champerty, and maintenance were overturned by the Supreme Court of the United States in NAACP v. Button 371 U.S. 415 (1963).

        • Vermont Statutes Title 13, § 701: “A person who is a common barrator shall be fined not more than $50.00 and become bound with sufficient surety for his or her good behavior for not less than one year.”

      • BlameThePeacock@lemmy.ca
        link
        fedilink
        English
        arrow-up
        1
        ·
        2 months ago

        It’s not a federal legal matter, party internal politics are not regulated the same way as actual elections. There’s some tangential finance laws, but the democratic party can pick whoever the hell they want however the hell they want.

  • Yawweee877h444@lemmy.world
    link
    fedilink
    arrow-up
    3
    ·
    2 months ago

    If far right Republicans like Johnson are already playing it this way, it’s because they’re scared and desperate. They can win against biden, anyone else is a threat. Another data point why this was the correct decision, among many others.

    I was not a kamala fan, but I’ll be voting for her fervently on election day. I’m fucking pumped.

    • Snot Flickerman@lemmy.blahaj.zoneOP
      link
      fedilink
      English
      arrow-up
      0
      arrow-down
      1
      ·
      2 months ago

      I’ve seen way too much fuckery that the Republicans keep winning in court on to fully trust that that’s enough to save us.

      • Flying Squid@lemmy.world
        link
        fedilink
        arrow-up
        1
        ·
        2 months ago

        Oh I’m sure they’ll try. But I think even SCOTUS would have a hard time justifying forcing a presidential candidate who dropped out before the convention to be on the ballot. They may still do it, but I think it will be very, very difficult. I could certainly see Roberts not going for that.

        • Snot Flickerman@lemmy.blahaj.zoneOP
          link
          fedilink
          English
          arrow-up
          0
          arrow-down
          2
          ·
          2 months ago

          Roberts I’m iffy about, he seems torn between his legacy and his legacy…

          The real legacy of being a semi-corrupted court, and the winners-take-all-and-write-the-history legacy of being the bestest court ever who helped Donald Trump secure his win against the evil corrupt Democrats. He seems at least mildly interested in the latter, because it allows him to pretend he’s more serious than he is.

  • Queue@lemmy.blahaj.zone
    link
    fedilink
    arrow-up
    1
    ·
    2 months ago

    Ballots aren’t even printed yet for any state. I do think Biden should have stopped a while back (remember “One term?”) but it’s better than post-convention.

    Now we can have Harris get nom’d, debate, and hopefully not deal with Orange Fucker again. I’m more hopeful with Harris winning than Joe BIden, more due to her age and track record more than anything else.

  • tal@lemmy.today
    link
    fedilink
    English
    arrow-up
    0
    ·
    edit-2
    2 months ago

    So it would be wrong, and I think unlawful,

    I mean, I can’t speak as to Mike Johnson’s personal sense of ethics, but if he’s making a legal claim, what law does it break?

    This is a party-internal process.

    The Democratic Party didn’t participate in the primary election, based on the expectation that Biden would run. But as I’ve pointed out here before, there’s no legal obligation for an American political party to hold a primary election or even if they do, for that primary result to bind them. We historically – and for most of American history – didn’t hold primaries at all. Parties decided that they wanted to do them and participate, but they don’t have to do so. The Libertarian Party does participate in primaries, but under their party rules, the results are merely advisory – the party can theoretically choose someone else. The Green Party policy varies based on state: in some, they participate in primaries, and in others, they caucus, have the state party internally select the party’s candidate.

    For about half of the ~150 years that the Republican Party has been around, no states anywhere held primary elections. If it’s unlawful not to go to the primaries, was the Republican Party breaking the law all that time?

  • spujb@lemmy.cafe
    link
    fedilink
    English
    arrow-up
    0
    ·
    2 months ago

    bro is just afraid that it won’t be an ez W for MAGA now, and OP is capitulating to that fear

    like do we live in a democratic republic or not? the idea that a candidate who isn’t even nominated yet can’t be replaced is laughable and should be attacked at all fronts, not given lip service.

    • SuckMyWang@lemmy.world
      link
      fedilink
      arrow-up
      1
      ·
      2 months ago

      Johnson is an idiot. This is embarrassing for him and the GOP. Keep up the good work loser. All Biden would have to do is get a doctor to say he’s not medically fit anyway. Which we all know wouldn’t be hard.