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Biden Could Use 'Nuclear Option' and Nominate Harris to SCOTUS - Here's What Happens if He Does

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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.

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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.

Do you think Biden should nominate Harris to the Supreme Court?

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.

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.

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“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.

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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Randy DeSoto has written more than 2,000 articles for The Western Journal since he joined the company in 2015. He is a graduate of West Point and Regent University School of Law. He is the author of the book "We Hold These Truths" and screenwriter of the political documentary "I Want Your Money."
Randy DeSoto is the senior staff writer for The Western Journal. He wrote and was the assistant producer of the documentary film "I Want Your Money" about the perils of Big Government, comparing the presidencies of Ronald Reagan and Barack Obama. Randy is the author of the book "We Hold These Truths," which addresses how leaders have appealed to beliefs found in the Declaration of Independence at defining moments in our nation's history. He has been published in several political sites and newspapers.

Randy graduated from the United States Military Academy at West Point with a BS in political science and Regent University School of Law with a juris doctorate.
Birthplace
Harrisburg, Pennsylvania
Nationality
American
Honors/Awards
Graduated dean's list from West Point
Education
United States Military Academy at West Point, Regent University School of Law
Books Written
We Hold These Truths
Professional Memberships
Virginia and Pennsylvania state bars
Location
Phoenix, Arizona
Languages Spoken
English
Topics of Expertise
Politics, Entertainment, Faith




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