President Donald Trump recently said many executive actions taken by former President Biden are “null and void,” and a Republican lawmaker has called on the DOJ to investigate Biden’s cognitive decline while in office. These events once again place the former president’s mental acuity into the spotlight of the public debate.
This raises two major intertwined questions. The first relates to the incentives of Cabinet members to strip a president of his powers under Section 4 of the 25th Amendment. The second addresses the legality of acts authorized by mentally unfit chief executives.
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