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Now that Trump has tested positive for Covid-19 and is staying at Walter Reed, the DOJ is almost certainly focusing on the 25th Amendment, which provides for the transfer of presidential authority to the vice president https://trib.al/r3xCtFM ">https://trib.al/r3xCtFM&q...
No one who works for a sitting president wants to think about that amendment.
But in any administration, if the president is sick, the lawyers and the vice president have to be clear on what the 25th Amendment says and requires http://trib.al/r3xCtFM ">https://trib.al/r3xCtFM&q...
But in any administration, if the president is sick, the lawyers and the vice president have to be clear on what the 25th Amendment says and requires http://trib.al/r3xCtFM ">https://trib.al/r3xCtFM&q...
For some imaginable health outcomes, especially those associated with Covid-19, the 25th Amendment is ambiguous.
It offers two different routes by which the transfer of power can occur. Under section 3, the president voluntarily transfers power to the VP http://trib.al/r3xCtFM ">https://trib.al/r3xCtFM&q...
It offers two different routes by which the transfer of power can occur. Under section 3, the president voluntarily transfers power to the VP http://trib.al/r3xCtFM ">https://trib.al/r3xCtFM&q...
Under section 4, the decision is made by the president’s own team – by majority vote:
Section 4 also allows a role for Congress http://trib.al/r3xCtFM ">https://trib.al/r3xCtFM&q...
Section 4 also allows a role for Congress http://trib.al/r3xCtFM ">https://trib.al/r3xCtFM&q...
If power is transferred to the vice president, the president can produce a written declaration that he is well and can become president again – unless the VP and a majority disagree.
In the (unlikely) event of disagreement, Congress resolves the issue http://trib.al/r3xCtFM ">https://trib.al/r3xCtFM&q...
In the (unlikely) event of disagreement, Congress resolves the issue http://trib.al/r3xCtFM ">https://trib.al/r3xCtFM&q...
The president will prevail unless both houses vote, by a two-thirds margin, that he cannot discharge the powers and duties of his office http://trib.al/r3xCtFM ">https://trib.al/r3xCtFM&q...
In 1981, @CassSunstein was a young lawyer in the Office of Legal Counsel of the Department of Justice.
His boss, Theodore Olson, had asked him, very early in Ronald Reagan’s presidency, to become the resident expert on the 25th Amendment http://trib.al/r3xCtFM ">https://trib.al/r3xCtFM&q...
His boss, Theodore Olson, had asked him, very early in Ronald Reagan’s presidency, to become the resident expert on the 25th Amendment http://trib.al/r3xCtFM ">https://trib.al/r3xCtFM&q...
Cass thought it was a hypothetical exercise until John Hinckley shot Reagan.
The president was in worse shape than the press was reporting. Cass was told to write two declarations, transferring power to Vice President George H.W. Bush http://trib.al/r3xCtFM ">https://trib.al/r3xCtFM&q...
The president was in worse shape than the press was reporting. Cass was told to write two declarations, transferring power to Vice President George H.W. Bush http://trib.al/r3xCtFM ">https://trib.al/r3xCtFM&q...
Fortunately, Reagan recovered well, and no one needed to invoke the 25th Amendment.
For that reason, we didn’t need to focus on a crucial unresolved question: the meaning of “unable,” which is the amendment’s most important word http://trib.al/r3xCtFM ">https://trib.al/r3xCtFM&q...
For that reason, we didn’t need to focus on a crucial unresolved question: the meaning of “unable,” which is the amendment’s most important word http://trib.al/r3xCtFM ">https://trib.al/r3xCtFM&q...
If the president has mild flu-like symptoms, the 25th Amendment should not and cannot be invoked.
If the president is essentially flat on his back and unable to do his job, the 25th Amendment must be invoked. That is not discretionary http://trib.al/r3xCtFM ">https://trib.al/r3xCtFM&q...
If the president is essentially flat on his back and unable to do his job, the 25th Amendment must be invoked. That is not discretionary http://trib.al/r3xCtFM ">https://trib.al/r3xCtFM&q...
Unfortunately, we can also imagine borderline cases. The course of Covid-19 is unpredictable:
https://abs.twimg.com/emoji/v2/... draggable="false" alt="➡️" title="Pfeil nach rechts" aria-label="Emoji: Pfeil nach rechts">Extreme fatigue
https://abs.twimg.com/emoji/v2/... draggable="false" alt="➡️" title="Pfeil nach rechts" aria-label="Emoji: Pfeil nach rechts">Headaches and cognition
For some symptoms, people can reasonably disagree about whether it renders its victims “unable” to do their jobs http://trib.al/r3xCtFM ">https://trib.al/r3xCtFM&q...
For some symptoms, people can reasonably disagree about whether it renders its victims “unable” to do their jobs http://trib.al/r3xCtFM ">https://trib.al/r3xCtFM&q...
Extreme fatiguehttps://abs.twimg.com/emoji/v2/... draggable="false" alt="➡️" title="Pfeil nach rechts" aria-label="Emoji: Pfeil nach rechts">Headaches and cognitionFor some symptoms, people can reasonably disagree about whether it renders its victims “unable” to do their jobs https://trib.al/r3xCtFM&q..." title="Unfortunately, we can also imagine borderline cases. The course of Covid-19 is unpredictable:https://abs.twimg.com/emoji/v2/... draggable="false" alt="➡️" title="Pfeil nach rechts" aria-label="Emoji: Pfeil nach rechts">Extreme fatiguehttps://abs.twimg.com/emoji/v2/... draggable="false" alt="➡️" title="Pfeil nach rechts" aria-label="Emoji: Pfeil nach rechts">Headaches and cognitionFor some symptoms, people can reasonably disagree about whether it renders its victims “unable” to do their jobs https://trib.al/r3xCtFM&q..." class="img-responsive" style="max-width:100%;"/>
It’s highly unlikely, but we cannot rule out a situation in which the president refuses to sign a declaration under section 3 but in which the vice president and the cabinet are compelled to proceed under section 4 http://trib.al/r3xCtFM ">https://trib.al/r3xCtFM&q...
