The Heritage Foundation's Oversight Project is moving forward with its legal challenge over President Joe Biden's decision on Sunday to drop out of the 2024 presidential race.
In a post on social media platform X, the Oversight Project said it has been "preparing for this moment for months," referring to Biden's decision to end his bid for reelection.
"Many in the media tried discrediting us," the organization wrote. "Who is laughing now? No more 'make it up as you go' elections."
The group ended its message with an appeal to "[s]tay tuned" for more information.
The Oversight Project has been spearheading the threat of legal action and publicized a June 21 memo in the aftermath of last month's presidential candidates' debate that warned of a "contentious path" to replacing Biden at the top of the Democrat ticket.
The president's shaky and halting debate performance sent his party into panic mode and led to infighting and clamoring from alarmed Capitol Hill Democrats that he pass the torch and exit the race.
The Washington Examiner reported Tuesday that plans and strategies are underway to file lawsuits challenging Biden's abrupt suspension of his campaign, with a source telling the outlet that the Oversight Project intends to communicate about potential legal action via its social media accounts.
Lawsuits could be filed in Georgia, Nevada, and Wisconsin if anyone other than Biden is the Democrat nominee, but election law experts say his decision to stand down was made well in advance of state ballot certification deadlines. He also was never officially named the nominee for the Democrats, they say.
Rick Hasen, a professor at the University of California, Los Angeles, argued in a recent blog post that contesting a swapped-in candidate on state election ballots does not seem likely to succeed.
"In the unlikely event that a state law would make Biden be forced to be listed on the ballot (I'm not even sure how that could be), then I expect litigation would place the actual nominee of the party on the ballot," Hasen wrote. "Voters should have the right to vote for the party's candidate, and there are cases that affirm this principle that go back a while."
Longtime Democratic Party lawyer Marc Elias said on Sunday that there "is no basis for any legal challenge, period" and affirmed that the "Democratic nominee for president will be on all 50 state ballots."
The Democratic National Convention is slated for Aug. 19-22 in Chicago and Democratic National Committee Chair Jaime Harrison signaled on Sunday that Biden's replacement would be selected via an open convention, according to the Examiner.
The president has endorsed his vice president, Kamala Harris, to be the nominee.
Nicole Weatherholtz ✉
Nicole Weatherholtz, a Newsmax general assignment reporter covers news, politics, and culture. She is a National Newspaper Association award-winning journalist.
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