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Biden’s Supreme Court pick: Could Kamala Harris cast the tie-breaking vote for herself?

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Hypothesis is working rampant on who President Biden will nominate to be the following Supreme Court docket justice following the retirement of liberal justice Stephen Breyer on the finish of the court docket’s time period in June.

Some are speculating that Biden might nominate Kamala Harris to develop into the primary Black feminine Supreme Court docket justice, after making historical past as the primary feminine vp.

Vice President Kamala Harris presides over the Senate Tuesday June 22 as Republicans blocked Democrats’ signature voting reform laws. 
(CSPAN)

Whereas the concept could also be far-fetched — and one the White Home tried to squash Wednesday — there’s a risk, a minimum of legally, that Biden might each fulfill his marketing campaign promise of nominating a Black girl to the Supreme Court docket whereas additionally giving Harris a dignified exit from the 2024 Democratic ticket. 

Senate process specialists say it’s attainable for Biden to appoint Harris to the Supreme Court docket — and for Harris to vote in her favor. The Senate is evenly cut up at 50-50, and Harris might conceivably solid the tie-breaking vote on her affirmation to the very best court docket of the US. 

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“The Structure doesn’t place any situations on the kinds of ties the vp can break as presiding officer,” Sarah Binder, a professor of political science at George Washington College and a senior fellow on the Brookings Establishment, informed Fox Information Digital. “That will presumably depart the VP free to interrupt a tie on confirming herself to the Supreme Court docket.”

Associate Justice Stephen Breyer poses during a group photo of the Justices at the Supreme Court in Washington, U.S., April 23, 2021. 

Affiliate Justice Stephen Breyer poses throughout a gaggle photograph of the Justices on the Supreme Court docket in Washington, U.S., April 23, 2021. 
(Erin Schaff/Pool through REUTERS/File Photograph)

James Wallner, a senior fellow on the R Avenue Institute and a guru at legislative process, agrees that there’s nothing within the Structure that might cease Harris from voting in her favor if all 50 Republicans rejected her hypothetical nomination. 

“Beneath the Structure, sure, the vp casts the tie-breaking vote,” Wallner informed Fox Information Digital. “Now whether or not or not that’s in good style is one thing else and it might very effectively result in additional politicization of the Supreme Court docket. However as a matter of process, it appears to be fairly easy. If there’s a tied vote, the Vice President is allowed by the Structure to solid that tiebreaker.”

President Joe Biden and Vice President Kamala Harris speak to the American people about constitutional voting rights in Atlanta, GA, on Jan. 11, 2022 United States.

President Joe Biden and Vice President Kamala Harris communicate to the American folks about constitutional voting rights in Atlanta, GA, on Jan. 11, 2022 United States.
(Peter Zay/Anadolu Company through Getty Pictures)

Biden stands by his marketing campaign promise to appoint a Black girl to the Supreme Court docket, the White Home reaffirmed Wednesday.

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Along with being a former senator and member of the Senate Judiciary Committee, Harris has a deep authorized background as the previous district lawyer of San Francisco and former California lawyer normal.

The Senate must affirm the nominee pretty shortly earlier than the November midterm elections, which might put the Senate again accountable for Republicans. The affirmation may be accomplished swiftly as then-Majority Chief Mitch McConnell, R-Ky., demonstrated with confirming Justice Amy Coney Barrett in a matter of a month.

To date, appeals court docket judges Ketanji Brown Jackson and Candace Jackson-Akiwumi have risen to the highest of the checklist, partially, as a result of they’ve already gone by means of the prolonged judicial vetting course of and been confirmed by the Senate. 

For his half, Biden mentioned he plans to run once more in 2024 with Harris. Press secretary Jen Psaki reiterated that Wednesday and mentioned Biden “has each intention” of working for re-election with “Harris on the ticket as his associate.”

There’s some uneven previous follow during which senators chorus from voting to verify themselves to a place, Binder mentioned. For instance, Hillary Clinton kept away from voting on her 94-2 affirmation in 2009 to develop into secretary of state, and Jeff Periods additionally voted current throughout his 2017 affirmation for lawyer normal when the margin was a tighter 51-47. 

Kamala Harris embraces U.S. President Joe Biden before his remarks at a menorah lighting ceremony in celebration of Hanukkah in the East Room of the White House on Dec. 1, 2021 in Washington, D.C.

Kamala Harris embraces U.S. President Joe Biden earlier than his remarks at a menorah lighting ceremony in celebration of Hanukkah within the East Room of the White Home on Dec. 1, 2021 in Washington, D.C.
(Anna Moneymaker/Getty Pictures)

However vice presidents have solid tie-breaking votes on high-level positions earlier than. Mike Pence, for example, turned the first-ever vp to interrupt a Senate tie over a cupboard nomination in 2017 to verify Betsy DeVos as former President Trump’s schooling secretary. 

Within the unlikely state of affairs that Harris is Biden’s selection, the Senate and the Home would even have to verify a brand new vp. The twenty fifth Modification says that at any time when there’s a emptiness within the workplace of the vp, the president shall nominate a vp who will must be confirmed by a majority vote of each chambers.

And not using a vp in workplace, the following particular person within the line of succession to the presidency is Speaker of the Home Nancy Pelosi, D-Calif.