He has to be unable to do the job for the 25th amendment to be used, it has to proven and they have to have a majority of votes...
WSJ has a piece about it, but, I am not a subscriber so I can only post this part:
The risk isn’t zero if Mr. Biden stays in power, but the alternatives are hardly compelling. Read the 25th Amendment. It isn’t designed for removing a leader who doesn’t think himself incapacitated. Deeming a President unable to perform his duties requires a declaration to that effect from the Vice President and a majority of the cabinet, all of whom have some loyalty to the man in the Oval Office. Is Transportation Secretary Pete Buttigieg ready to throw Mr. Biden under the electric bus?
I like to read the amendments and see what they actually say which is why I posted article 4 of the 25th amendment.
So, for specificity article 4, paragraph 2, lines 3 and 4 state:
"unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide".
The key line for me is, "or of such other body as Congress may by law provide."
So in effect it's not just the Vice President and the cabinet, but also "or of such other body as Congress may by law provide".
He has to be unable to do the job for the 25th amendment to be used, it has to proven and they have to have a majority of votes...
WSJ has a piece about it, but, I am not a subscriber so I can only post this part:
The risk isn’t zero if Mr. Biden stays in power, but the alternatives are hardly compelling. Read the 25th Amendment. It isn’t designed for removing a leader who doesn’t think himself incapacitated. Deeming a President unable to perform his duties requires a declaration to that effect from the Vice President and a majority of the cabinet, all of whom have some loyalty to the man in the Oval Office. Is Transportation Secretary Pete Buttigieg ready to throw Mr. Biden under the electric bus?
I like to read the amendments and see what they actually say which is why I posted article 4 of the 25th amendment.
So, for specificity article 4, paragraph 2, lines 3 and 4 state:
"unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide".
The key line for me is, "or of such other body as Congress may by law provide."
So in effect it's not just the Vice President and the cabinet, but also "or of such other body as Congress may by law provide".
I don't think they would pass that law...the R's kinda want Biden to stay in for one thing...
I know :(
They want him to stay in because they know a Biden / Harris ticket wins them the election.
I've even heard they intend to sue (somehow?) if Biden gets pulled off the ticket.
It's crazy.