Biden Could Use 'Nuclear Option' and Nominate Harris to SCOTUS - Here's What Happens if He Does
Supreme Court Justice Kamala Harris?
It could happen.
There is nothing in the Constitution that prevents President Joe Biden from nominating his vice president to the Supreme Court.
It would be an unprecedented move, but Harris is at least part black, and Biden pledged on the campaign trail to nominate a black woman to fill the next vacancy on the high court.
That opening appears imminent with Justice Stephen Breyer’s reported plans to retire at the end of the current court term this summer.
Harris does not seem to be particularly flourishing in her role at vice president — with approval numbers lower than her boss’.
This might be a perfect opportunity for Biden to reset the board by promoting the former California senator and state attorney general up, so to speak.
It wouldn’t be the first time an employee got promoted out of his or her current position to make room for someone better.
Though Biden has been a disaster as president, there is every indication — based on her public appearances and reports of staff turmoil — that Harris would be an even worse commander in chief if something were to happen to him.
Some Democrats reportedly support a so-called “nuclear option” to get Harris out of the VP spot — at least by the 2024 election.
With Kamala Harris looking unelectable, the Democrats are considering the nuclear option.
Whispers in Washington suggest Joe Biden’s camp has a plan to find a more popular replacement ahead of the 2024 battle#Thread ?
?Evelyn Hockstein/ Reutershttps://t.co/Gjp2GSg0pY pic.twitter.com/QYiZtuNdkf
— Telegraph World News (@TelegraphWorld) November 29, 2021
Interestingly, White House press secretary Jen Psaki did not shoot down the idea on Wednesday that Harris could be Biden’s SCOTUS nominee.
“Is there any scenario in which the president would select his Vice President Kamala Harris for the Supreme Court?” NBC News chief White House correspondent Peter Alexander asked her.
“I’m not going to speak to any considerations, preparations, lists,” Psaki answered.
Fox News White House correspondent Peter Doocy followed up.
“When you were asked about the vice president possibly being selected as a Supreme Court nominee, you said you’re not going to speak to any considerations,” Doocy said.
“Does that mean she is being considered?” he questioned.
.@PeterAlexander & @pdoocy ask @PressSec if VP Kamala Harris is being considered for the Supreme Court.
“The president has every intention, as he said before, of running for reelection, and for running for reelection with Vice President Harris on the ticket as his partner.” pic.twitter.com/nBaRLb6pT3
— CSPAN (@cspan) January 26, 2022
Psaki responded saying Breyer had not yet officially announced his retirement.
“Just wondering, hypothetically, theoretically, would someone who was an attorney general of a large state and who served with many key Senate votes be an attractive candidate to the president for an open Supreme Court seat?” Doocy further queried.
“I see what you did there, Peter, but the president has every intention, as he said before, of running for re-election and for running for re-election with Vice President Harris on the ticket as his partner,” Psaki said.
“But again, I will just reiterate that I have nothing more to offer in terms of specifics or information on the reports this morning.”
So that’s not a no, Doocy noted.
The Democrats may have just been thrown a life line: Promote Harris up and out of the vice presidency.
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