Is America Ready for a Biden-Obama Ticket in 2024? A Bold Legal Theory Suggests It’s Possible
As Biden’s re-election chances remain uncertain due to his age and the unpopularity of Vice President Kamala Harris, an intriguing legal theory has emerged, suggesting that former President Barack Obama could potentially serve as Biden’s Vice President in 2024. Philip Allen Lacovara, former Deputy Solicitor General of the US and president of the D.C. Bar, believes that while the 22nd Amendment prevents Obama from running for election as president, it doesn’t disqualify him from running for any other office, including vice-President.
Lacovara outlines that the 12th Amendment, which governs the Electoral College and eligibility for the presidency, largely refers to nationality, age, and residency requirements, and that the 22nd Amendment prevents a president from being directly “elected” for a third term, rather than holding the office itself. Should this Democratic pipe dream come true, it would require the conservative-dominated US Supreme Court to interpret the 22nd Amendment and decide whether it prevents someone from holding the Office for more than two terms or only from being elected to a third term.
Though the possibility of Obama returning to the White House to support a Biden re-election campaign seems far-fetched, the fact that the president of the D.C. Bar is discussing it suggests others may be contemplating it as well. Whether the Biden administration would risk resting its fate on the conservative Supreme Court remains to be seen, but if they pursue the bid and
