politics

It's actually (hilariously) up to more than just Genocide Joey.

That's right, Jack. She didn't just fall out of a coconut tree yesterday!

Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office 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, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.

So the wording is super long winded (holy fuck this is why lawyers shouldn't exist or be in power) but it seems per the 25th amendment Kamala could, with agreement from Biden's cabinet, assume the presidency. If Joe doesn't contest it, she would just stay. If Joe did contest it, it would go to congress to decide if the president (Joe) is actually fit to be president. The wording also seems to indicate the acting-president, formerly the VP, would remain acting-president during the decision time allowed to congress.

It would require 2/3 majority vote in both houses to finalize the ousting if it came to that- which would be interesting to see because it's almost like a legalized coup at that point. If you assume all the Rs just want chaos and to vote against Biden (not a safe assumption, but just assuming for now) it would need like 50 or something dems in the house and like 16 or 17 (too lazy to look up the actual numbers each party holds right now) dems in the senate to vote to kick him/keep Kamala. If republicans decide to gum shit up because they would rather Trump face Biden, not Kamala, they could just fuck the whole "coup" and cause a tiny meltdown in doing so because then it's just "dictator Joe" (Trump owes me if he uses this) desperately clinging to power when his VP and cabinet said he needs to go.

God I hope this happens purely for entertainment and chaos value.