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

  • by:
  • Source: Fox News
  • 01/26/2022
Speculation is running rampant on who President Biden will nominate to be the next Supreme Court justice following the retirement of liberal justice Stephen Breyer at the end of the court's term in June.

Some are speculating that Biden could nominate Kamala Harris to become the first Black female Supreme Court justice, after making history as the first female vice president.While the idea may be far-fetched — and one the White House tried to squash Wednesday — there is a possibility, at least legally, that Biden could both fulfill his campaign promise of nominating a Black woman to the Supreme Court while also giving Harris a dignified exit from the 2024 Democratic ticket. Senate procedure experts say it is possible for Biden to nominate Harris to the Supreme Court — and for Harris to vote in her favor. The Senate is evenly split at 50-50, and Harris could conceivably cast the tie-breaking vote on her confirmation to the highest court of the United States. "The Constitution doesn't place any conditions on the types of ties the vice president can break as presiding officer," Sarah Binder, a professor of political science at George Washington University and a senior fellow at the Brookings Institution, told Fox News Digital. "That would presumably leave the VP free to break a tie on confirming herself to the Supreme Court."

James Wallner, a senior fellow at the R Street Institute and a guru at legislative procedure, agrees that there's nothing in the Constitution that could stop Harris from voting in her favor if all 50 Republicans rejected her hypothetical nomination. 

Get latest news delivered daily!

We will send you breaking news right to your inbox


Have a tip? Let us know!