Biden's Self-Destruction Fuels Calls for Retirement, Raising Legal Hurdles for Democrats

Calls for President Joe Biden to retire have escalated within the Democratic Party following his lackluster performance in the presidential debate against former President Donald Trump. Legal experts explain the complexities of replacing a presidential candidate and the potential challenges Democrats face.

Following President Joe Biden's perceived underwhelming performance in the first presidential debate against former President Donald Trump, calls within the Democratic Party for his retirement have intensified. However, replacing Biden could prove to be a formidable legal hurdle.

"The leverage is pretty much all with President Biden," Mike Howell, executive director of the Heritage Oversight Project, a conservative watchdog group, told Fox News Digital. "It is much more difficult to forcefully replace him than it would be for him to voluntarily withdraw, and so I expect that is the nature of the conversations."

Biden's Self-Destruction Fuels Calls for Retirement, Raising Legal Hurdles for Democrats

Biden's unwillingness to retire, despite pressure from progressive figures in Congress and the courts, is reminiscent of other instances where prominent Democrats have resisted calls to step down.

The late U.S. Supreme Court Justice Ruth Bader Ginsburg died in 2020 after 27 years on the bench, sparking a contentious political battle over her replacement. Amy Coney Barrett was ultimately nominated by President Trump and confirmed by the Senate.

Biden's Self-Destruction Fuels Calls for Retirement, Raising Legal Hurdles for Democrats

Similarly, Sen. Dianne Feinstein, D-Calif., passed away in 2022 at age 90, casting her final Senate vote hours before her death. The seat is now one of the most hotly contested in this election cycle.

Despite her advanced age, House Speaker Nancy Pelosi has vowed to seek re-election this year, extending her 36-year tenure in the House. Pelosi has faced repeated calls for her retirement but has remained steadfast in her determination to continue serving.

Biden's Self-Destruction Fuels Calls for Retirement, Raising Legal Hurdles for Democrats

On the other side of the aisle, Senate Minority Leader Mitch McConnell announced in November that he would be stepping down from his leadership position after facing growing pressure from his party to retire.

However, Howell notes that the situation with Biden is different from that of McConnell. "There's not a comparison between him and Biden because Republicans called on McConnell to step down, and McConnell is stepping down," Howell said.

Biden's Self-Destruction Fuels Calls for Retirement, Raising Legal Hurdles for Democrats

The president's mental acuity became a topic of political discussion last month after a Washington Journal report revealed that many lawmakers had concerns about Biden's cognitive abilities. The White House dismissed the report.

Legal experts emphasize the complexities involved in replacing a presidential candidate. "It is not easy to fill a replacement for a presidential candidate, which would create a 'massive legal and logistical nightmare for the replacement candidate,'" Howell said.

Each state has its own unique rules and procedures for filling candidate vacancies, adding to the challenges. "And so ultimately, whatever they do, it will be so fact dependent that certain states will become more important than others," Howell added.

Amidst the legal hurdles and political pressures, the ultimate decision on whether or not to retire rests with President Biden. While some Democrats may harbor hopes for a change in leadership, the legal complexities and Biden's own determination suggest that replacing him could be an uphill battle.