Report: Pres. Biden could be looking to put VP Harris on the Supreme Court

Given Vice President Kamala Harris’s lack of popularity, which was highlighted in a recent poll that found that she only had a 28 percent approval rating, reports are indicating that President Joe Biden might be looking to dump Harris, particularly ahead of the 2024 presidential election. But, where Harris may end up is going to surprise you.

According to a new report from The Telegraph, rumors are currently circulating in Washington D.C. that Biden may be looking to put Harris on the U.S. Supreme Court. 

“Democrats desperately scrambling to find a potential successor to Joe Biden in 2024 are whispering about a potential nuclear option that could see Kamala Harris, the current Vice President, nominated to the Supreme Court,” the outlet reports.

The Telegraph continues:

While the scenario is highly improbable, and perhaps a reflection of a Washington rumour mill in overdrive, the fact it has come up at all shows the depths of the predicament the Biden administration currently finds itself in, amid rising inflation, a stalled domestic agenda, and foreign policy disasters.

It’s possible

According to the Telegraph, this rumor, that Biden is looking to put Harris on the Supreme Court, was first reported by CNN. CNN stated in its report that the idea is unlikely to become a reality, but, at the same time, it noted that “chatter has already reached top levels of the Biden orbit.”

Whether or not it is likely is one question. Another question is whether it is possible, and it appears that the answer is “yes.”

The Telegraph reports Erwin Chemerinsky, the dean of the University of California at Berkeley School of Law, as saying that he does “not see any impediment to a sitting vice president being nominated for the Supreme Court,” even though it hasn’t been done before.

Harris does have a background in the law, having been the District Attorney of San Francisco and Attorney General of the State of California, although such a background isn’t strictly necessary for a Supreme Court nominee.

All that would be required is for Harris to be confirmed to the court by the U.S. Senate, which is possible considering that the current makeup is 50 to 50 with Harris, as vice president, having the tie-breaking vote.

Also, of course, there would need to be a vacancy on the Supreme Court at some point in the next three years. Democrats have been urging Justice Stephen Breyer to retire for some time. This would probably be the most likely vacancy.

Looking ahead

We ought to emphasize that this is all just speculation and that it is probably fairly unlikely that Harris ever makes it onto the Supreme Court. But, the fact that such a rumor exists highlights the Democrats’ 2024 problem: namely, that Biden might not run again in 2024, if he even has any popularity left by then, and Harris appears unelectable. In other words, currently, the Democrats might not have a viable presidential candidate for 2024.

If Biden were to put Harris on the Supreme Court, or otherwise get part ways with her, then some are suggesting that he would replace her with Secretary of Transportation Pete Buttigieg. Buttigieg would then be the Democrats’ likely 2024 candidate should Biden choose not to seek reelection. There is little doubt that Buttigieg would be a superior candidate to Harris, but, then again, so would just about anyone.

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