Here’s Why Mandatory Cognitive Exams For Presidents Are Unlikely—As Trump Demands Biden Undergo Test
Former President Donald Trump renewed his calls Thursday for President Joe Biden to undergo a cognitive test as the president’s age (81) is a chief concern for voters, suggesting such a test should be mandatory—but legal precedent suggests such a requirement would defy the Constitution.
U.S. President Joe Biden walks across the South Lawn before boarding the Marine One presidential ... [+]
Trump, joining a coalition of Republicans, made the demand on Truth Social on Thursday, a day after Biden underwent his annual physical and as the president faces persistent concerns about his age.
Trump, using his preferred nickname “Crooked Joe Biden” to refer to the president, wrote that Biden “must take a Cognitive Test,” repeating his claim that he “ACED” two exams, and suggesting the tests should be mandatory for all presidents and presidential candidates.
Presidents are not required by law to undergo a physical or cognitive examination, though publicizing the results of annual physicals became routine practice under former President Richard Nixon, similar to the customary release of presidents’ tax returns, also standardized during Nixon’s tenure (though not voluntarily) when the Providence Journal published Nixon’s tax records.
State and federal lawmakers have made repeated attempts to require presidents and presidential candidates to release their tax returns, including the state legislature in California in 2016, which enacted a law that would disqualify presidential candidates from the ballot if they did not release their returns, a response to Trump’s refusal to release his tax returns.
In striking down the law, the California Supreme Court noted the Constitution lays out clear guidelines for holding the office of the presidency, and to require the release of tax returns would “open the floodgates” to compel the disclosure of “confidential medical records, psychiatric and therapist records, academic records, family law records, or other privileged information,” California federal Judge Morrison England wrote, citing a 1995 U.S. Supreme Court ruling.
Former South Carolina Gov. Nikki Haley, who has also called on presidential candidates to take cognitive tests as she argues both Trump and Biden are too old to be president, has acknowledged that doing so would effectively be toothless in accordance with the law, writing in a Fox News op-ed last year “failing a mental competency test would not result in removal,” adding “it is about transparency.”
White House physician Dr. Kevin O’Connor described Biden as “a healthy, active, robust 81-year-old male, who remains fit” to serve as president in a report detailing the results of his Wednesday physical. The results were largely unchanged from his 2023 exam. White House Press Secretary Karine Jean-Pierre said Wednesday Biden’s doctors determined he doesn’t need a cognitive exam, telling reporters “he passes a cognitive test every day,” referring to the rigors of the presidency.
Not only did Trump refuse to release his tax returns—he also delayed completion of his annual physical in 2020 by more than six months. The results found Trump had gained one pound since his 2019 physical, when he weighed in at 243 pounds, which is considered obese for his height, and that he had been taking the antimalarial drug hydroxychloroquine to prevent Covid-19—even though studies have suggested the drug is ineffective for that purpose. Trump has repeatedly claimed to have aced cognitive tests, including one taken at Walter Reed National Military Medical Center, but never formally released the results. Instead, he has anecdotally described the results, claiming doctors described his performance as “unbelievable.”
The House Ways and Means Committee released six years of Trump’s tax returns in 2022 following a protracted Supreme Court battle with the former president. The court ultimately ruled the committee had a valid legislative purpose in obtaining the returns.
Though he’s just four years older than Trump, voters’ concerns about Biden’s age far outweigh those surrounding Trump, according to polls, including a Bloomberg/Morning Consult survey released Thursday that found 82% of voters believe Biden or both Trump and Biden are too old to serve as president, compared to 47% who said the same about Trump or both candidates. Concerns about Biden’s age have been exacerbated by verbal and physical stumbles throughout his tenure, along with a recent Justice Department report that suggested Biden had a poor memory. The report, by Justice Department Special Counsel Robert Hur, explained the DOJ would not pursue further action against Biden for his handling of classified documents after leaving office, in part because a jury would likely sympathize with Biden as a “well-meaning, elderly man with a poor memory.” Biden, in recent months, has sought to reframe the narrative by highlighting his decades of experience, making jokes about his age and taking jabs at Trump’s own rhetorical gaffes.