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Josh Chafetz@joshchafetz.bsky.social |
4818 followers 657 following 1142 posts
Agnes Williams Sesquicentennial Professor of Law and Politics, Georgetown Law: www.law.georgetown.edu/faculty/josh-chafetz/
Author, most recently, of _Congress's Constitution_: www.amazon.com/dp/0300248334/
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Josh Chafetz
@joshchafetz.bsky.social
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No, no, no the claim isn't that Johnson would assassinate Harris, or even that he would want someone to. The claim is simply that there are people on the right who would see this as an opportunity to get Johnson into office, and some of them might try to take it.
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Josh Chafetz
@joshchafetz.bsky.social
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If Biden decides not to run again, Harris can pick her own running mate. If Harris-Whomever wins in November, then Whomever is the VP come January 20, 2025. That's very different than trying to get the GOP-led House to confirm Whomever this summer/fall.
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Josh Chafetz
@joshchafetz.bsky.social
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Why would the principal campaign committee be via a consulting group in Massachusetts? That seems ... not right.
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Josh Chafetz
@joshchafetz.bsky.social
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It's also the case that, as the parties have become more internally cohesive, the payoff to assassination has declined. For most part, no chance in recent years of a Lincoln-->Johnson shift or a Garfield-->Arthur. But the possibility of a Harris-->Johnson shift ...
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b-boy bouiebaisse
@jbouie.bsky.social
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this case against biden's resignation makes sense. i do think that if biden decides to step away from reelection, he should explicitly say that he is doing this because House Republicans are too corrupt to confirm a replacement for Harris.
29 replies 116 reposts 711 likes
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Laura Seay
@texasinafrica.bsky.social
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This is the thing.
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Josh Chafetz
@joshchafetz.bsky.social
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Yes. See sec. 1 of the 22nd Amendment.
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Josh Chafetz
@joshchafetz.bsky.social
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1/ I'm agnostic as to whether Biden should withdraw from the race. It's a genuinely tough question IMO. But I have clarity on one thing: He should absolutely not step down as president. If Harris becomes President, the Vice Presidency is empty. Under the 25th Amendment ...
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Josh Chafetz
@joshchafetz.bsky.social
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Sure, but why would they?
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Josh Chafetz
@joshchafetz.bsky.social
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But note that my concern is not about whether Biden drops out of the race; it's just about whether he resigns the presidency in the interim. Do you think that his holding onto the presidency as she becomes the nominee increases the likelihood of Trump winning?
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Josh Chafetz
@joshchafetz.bsky.social
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Cooper's term limited; he's gone as governor in January no matter what.
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Josh Chafetz
@joshchafetz.bsky.social
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Good question!
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Josh Chafetz
@joshchafetz.bsky.social
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$$$ really not a problem. I think basically all presidential campaigns at this point hit the point where the marginal value of a dollar is close to 0.
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Josh Chafetz
@joshchafetz.bsky.social
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(1) you don't think assassination is an increased risk for women and minorities?, but (2) more importantly, as I've already said, the reason to be especially worried in this context is that, by assassinating her, the presidency would flip from D to R. That's not about *her,* it's about the context.
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Josh Chafetz
@joshchafetz.bsky.social
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As unjust as it is, I find it hard to imagine her opting for anyone other than a white man. Shapiro, Beshear, maybe Cooper?
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Josh Chafetz
@joshchafetz.bsky.social
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I literally explained that in the original thread.
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Josh Chafetz
@joshchafetz.bsky.social
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yes, assuming Republicans still control at least one house of Congress
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Josh Chafetz
@joshchafetz.bsky.social
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well, just to take one quick example washingtonmonthly.com/2024/07/03/i...
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Josh Chafetz
@joshchafetz.bsky.social
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Gaming out what your opponents are likely to do isn't the same as paralysis. And it's not clear why, even if you think he shouldn't be the nominee, it is "necessary" that he immediately step down from the presidency, as well.
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Josh Chafetz
@joshchafetz.bsky.social
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It's a little different in an electoral context, where the VP is of the same party. The real danger here is that assassinating Harris in this context would shift the presidency from D to R.
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Jonathan Bernstein
@jonathanbernstein.bsky.social
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The best argument against Biden resigning.
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Rick Hasen
@rickhasen.bsky.social
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No, States Would Not Be Forced to Keep Biden on the Ballot If He’s Not the Democratic Party’s Nominee from the DNC electionlawblog.org?p=144245
1 replies 9 reposts 8 likes
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Josh Chafetz
@joshchafetz.bsky.social
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Trump can just periodically issue a blanket pardon for anyone in the military (or, for that matter, anyone in the government) for any acts already committed.
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Josh Chafetz
@joshchafetz.bsky.social
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on the plus side, though, season 3 of Barbecue Showdown drops tomorrow
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Josh Chafetz
@joshchafetz.bsky.social
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And the president still has the pardon power.
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Josh Chafetz
@joshchafetz.bsky.social
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If the president orders the military to do something and the military declines, then they have picked a side.
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Josh Chafetz
@joshchafetz.bsky.social
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Josh Chafetz
@joshchafetz.bsky.social
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5/5 If Biden decides to withdraw, he should just say something like, "Being president is a full-time job. Campaigning for the presidency is a full-time job. I'm too old to work two jobs, so I'm going to focus on the one I was elected to do. Vote Harris in November!"
8 replies 14 reposts 284 likes
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Josh Chafetz
@joshchafetz.bsky.social
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4/ Add in the fact that Harris would be the first woman president and only second president of color and it gets scarier. Add in that her replacement would be from the other party and it starts to look like an invitation to assassination attempts.
4 replies 19 reposts 239 likes
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Josh Chafetz
@joshchafetz.bsky.social
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3/ We are in a moment of high and rising political violence. ~ 9% of all US presidents have been assassinated, and ~ 13% have been either killed or wounded in an assassination attempt.
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Josh Chafetz
@joshchafetz.bsky.social
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2/ ... confirming a new VP requires majority votes in the House and the Senate. If there is no VP, then Mike Johnson is next in line to the presidency. I think there's a very good argument that the House would not confirm anyone Harris nominated as VP.
6 replies 36 reposts 291 likes
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Josh Chafetz
@joshchafetz.bsky.social
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1/ I'm agnostic as to whether Biden should withdraw from the race. It's a genuinely tough question IMO. But I have clarity on one thing: He should absolutely not step down as president. If Harris becomes President, the Vice Presidency is empty. Under the 25th Amendment ...
16 replies 98 reposts 401 likes
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Josh Chafetz
@joshchafetz.bsky.social
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I--and I assume colleagues across the country--got an email yesterday from the lawyers behind the suit demanding that we preserve records and emails related to hiring and law-review membership, in anticipation of additional suits against other institutions.
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Josh Chafetz
@joshchafetz.bsky.social
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Awww, thank you! And, yeah ... a lot of folks in the law schools still clinging to some fairly implausible notions about their chosen field.
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Josh Chafetz
@joshchafetz.bsky.social
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Reminiscent of how, after 120 years, the first time women and/or people of color won more American Rhodes Scholarships than white men, we were treated to a WSJ editorial about how this was proof that the scholarships were no longer about merit.
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Josh Chafetz
@joshchafetz.bsky.social
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Okay, lovely memes, all, but there's a difference between "I just discovered" and "Most of us don't like to think about X on a regular basis" ...
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Josh Chafetz
@joshchafetz.bsky.social
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One doesn't "choose" to be correct, Evan. One just is.
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Josh Chafetz
@joshchafetz.bsky.social
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Josh Chafetz
@joshchafetz.bsky.social
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But also (d) if you're invested in calling the way judges do politics "law," I don't have much of a beef. If you're invested in the claim that law is something quite distinct from politics, OTOH, I do.
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Josh Chafetz
@joshchafetz.bsky.social
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The answer of course is that (a) they're both politics, but (b) not all politics breaks down on partisan lines, and (c) different institutions do politics differently.
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Josh Chafetz
@joshchafetz.bsky.social
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If you think unanimous decisions in the Supreme Court are proof that it's "law" not "politics," wait till I tell you about the prevalence of unanimous consent in the Senate!
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Josh Chafetz
@joshchafetz.bsky.social
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3/3 Which means, at the end of the day, who the military would support is pretty much at the end of the chain of all governing "what if's".
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Josh Chafetz
@joshchafetz.bsky.social
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2/ Most of us don't like to remember it on a daily basis, but at the end of the day, our legal structures are layered atop the instruments of death, and at base--once everything else runs out--they depend on those instruments for their motivating power.
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Josh Chafetz
@joshchafetz.bsky.social
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1/ At some point every year in teaching Con Law--not just recently but for as long as I've been doing it--some student will play out the thread of "and then what if's" to the point where I say, "Well, it depends on whom the military would support in that situation."
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Josh Chafetz
@joshchafetz.bsky.social
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What a time to be alive!
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Josh Chafetz
@joshchafetz.bsky.social
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This well-read little buddy was hanging out behind the Jefferson Building of the Library of Congress on my walk into work today!
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Josh Chafetz
@joshchafetz.bsky.social
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This well-read little buddy was hanging out behind the Jefferson Building of the Library of Congress on my walk into work today!
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Rachel Shelden
@rachelshelden.bsky.social
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Roberts' Court is as powerful as any Supreme Court has ever been. And it has spent the past few years accumulating even more power, as many scholars like @joshchafetz.bsky.social have argued: papers.ssrn.com/sol3/papers.... 3/
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Rachel Shelden
@rachelshelden.bsky.social
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Whether you agree as to whether this is the most dangerous Court since Taney's (the case @kevinmkruse.bsky.social makes here) there's another key point about the comparison:
Taney's Court had only a fraction of the power and authority over American politics & society that Roberts' Court does 1/
4 replies 60 reposts 169 likes