united-states president
Can Biden force the presidential transition to start?
<p>A number of news sources have reported that Emily Murphy of the General Services Administration has <a href="https://www.latimes.com/world-nation/story/2020-11-17/emily-murphy-gsa-blamed-delay-biden-transition" rel="nofollow noreferrer">failed to sign the document</a> that triggers the presidential transition process.</p>
<p>Can the Biden team get a court order forcing her to sign it?</p>

<p>Perhaps. The relevant law is assembled into notes on <a href="https://uscode.house.gov/view.xhtml;jsessionid=8625E99BF47F162EC6C84332C3F19929?req=granuleid%3AUSC-prelim-title3-chapter2&amp;saved=%7CKHRpdGxlOjMgc2VjdGlvbjoxMDMgZWRpdGlvbjpwcmVsaW0p%7C%7C%7C0%7Cfalse%7Cprelim&amp;edition=prelim" rel="noreferrer">3 USC 102</a>. The original act of 1963 defines President-elect in this manner:</p>
<blockquote>
<p>(c) The terms 'President-elect' and 'Vice-President-elect' as used in
this Act shall mean such persons as are the apparent successful
candidates for the office of President and Vice President,
respectively, as ascertained by the Administrator following the
general elections held to determine the electors of President and Vice
President in accordance with title 3, United States Code, sections 1
and 2.</p>
</blockquote>
<p>There is no specific statutory provision directing the Administrator of the GSA to ascertain who is that President-Elect. The administration is apparently taking a position similar to that taken by the Clinton administration, that states determine who has been elected, and the states have not officially determined who has been elected: nor has a candidate conceded. If a court orders the Administrator to make the ascertainment, I expect that the administration would appeal the ruling up to the Supreme Court. <a href="https://republicans-oversight.house.gov/wp-content/uploads/2020/11/Letter-to-GSA-re-Transition-final-11.13.20-1.pdf" rel="noreferrer">This letter</a>, addressed to the Administrator, gives the legal rationale.</p>
