'No standing': Legal experts shred 'frivolous' GOP election lawsuit threats

When President Joe Biden was still the presumptive 2024 Democratic presidential nominee, the Heritage Foundation and other far-right Donald Trump supporters threatened to take legal action if Biden dropped out of the race.

But Biden did exactly that on Sunday, July 21, ending his reelection campaign and endorsing Vice President Kamala Harris for president. Since Biden's announcement, Harris' presidential campaign has enjoyed a fundraising haul of at least $100 million.

According to some election law experts, GOP threats to sue Democrats over Biden's withdrawal from the presidential race are unlikely to go anywhere.

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Former Kentucky Secretary of State Trey Grayson told the Associated Press (AP), "It's a pretty frivolous claim. The filing deadlines haven't passed yet, and the Democrats haven't nominated anybody yet."

At this point, Harris is still the presumptive 2024 Democratic presidential nominee — not the actual nominee — although she has already secured more than enough delegates for the nomination. Similarly, Biden was merely the presumptive nominee before his bombshell July 21 announcement.

Grayson told AP, "Someone calling themselves the nominee doesn't make them the nominee. It's no different from Trump saying he's the nominee before the convention. He wasn't either."
Edward B. Foley, a law professor at Ohio State University is equally skeptical about the threat of legal challenges from Republicans.

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Foley told AP, "The parties control the process as to who their nominee is. I just don't see how the Republican Party or anyone associated with the Republican Party would have any standing to bring any litigation in connection with this."

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