Vice President Kamala Harris is locked in a tight battle for the White House with Republican nominee Donald Trump.
But despite the outcome of the November election, there’s a chance — albeit slight — that Harris could become president BEFORE the presidential election.
Here’s what’s happening.
Citing the continual decline of President Joe Biden, the Heritage Foundation, a conservative think tank based in Washington, D.C, has filed a motion in the United States District Court for the District of Columbia, seeking documents as to whether Harris or any Cabinet members have sought advice on 25th Amendment proceedings.
The 25th Amendment addresses issues related to presidential succession and disability. It clarifies that the vice president becomes president if the president dies, resigns, or is removed from office by impeachment.
In this case, it would be around parameters that Biden is unfit to serve as president.
Here’s a complete breakdown of their motion.
🚨Emergency Court Filing🚨
With President Biden declining more everyday, who is running the country?
We just filed a motion seeking docs by Oct. 15 for records on whether Biden Admin. officials, including VP Harris, sought legal guidance on invoking the 25th Amendment. https://t.co/bb1hjXtxdH pic.twitter.com/HvsD4P9oNx
— Oversight Project (@OversightPR) October 3, 2024
Realistically, any notion of invoking the 25th Amendment is likely not going to happen as there have been no 25th Amendment discussions – at least not any that have been documented or recorded.
It should be noted that Harris has technically served as “acting” president during her time as VP.
Back in 2021, Harris was acting president while Biden underwent a colonoscopy, leaving him unable to serve as president for a short period of time.
According to the National Constitution Center, the 25th Amendment works in two ways.
Section 1 of the 25th Amendment made it clear that the vice president became president when the presidency became vacant under three circumstances: death, resignation, and removal from office.
Section 2 gave the president the power to name a new vice president, if that office became vacant, with the permission of Congress.
The amendment’s other two sections detail the process for the vice president to serve as acting president if the president was unable to perform his or her official duties, and how to resolve disputes about the president’s ability to discharge official powers.
The most prominent use of the 25th Amendment happened on November 22, 1963, the day President John F. Kennedy was assassinated, leading to the immediate swearing in of then-Vice President Lyndon Johnson.