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Potential Harris Presidency Faces Senate Hurdles for Supreme Court Picks

 September 30, 2024

As the political landscape shifts, a prospective Kamala Harris presidency may encounter significant resistance in appointing Supreme Court justices if the Senate remains under Republican control.

The Senate's GOP majority could critically influence the confirmation process for any of Kamala Harris’s potential Supreme Court nominees, as CNN reports.

The role of the U.S. President in appointing Supreme Court justices is pivotal, shaping the judiciary's future. With the presidency potentially in the hands of Kamala Harris, the spotlight turns to the Senate, where the confirmation battles for her nominees could unfold.

Understanding the Role of Senate Leadership in Judicial Appointments

The confirmation of Supreme Court justices hinges on the Senate's approval. The Senate majority leader plays a crucial role in this process by scheduling votes for nominees.

As Harris eyes the presidency, her ability to secure confirmations would largely depend on who holds this influential position.

The upcoming Senate leadership elections could see Sens. John Cornyn and John Thune vying to replace Mitch McConnell.

Both have expressed cautious stances on whether they would allow a vote on Harris’s nominees, emphasizing a non-committal approach until the nominees' qualifications and backgrounds are thoroughly vetted.

Sens. Cornyn and Thune Signal a Rigorous Nominee Evaluation Process

Cornyn from Texas emphasized the importance of the nominee's background in his decision-making process.

He stated, "It depends," reflecting his conditional stance on moving forward with a vote. His approach underscores the significance of the committee's evaluation process in shaping a nominee's fate.

"If I’m in a position to make the decision, I’m not going to schedule a vote on some wild-eyed radical nominee, which I know she would love to nominate. But that would be my intention," Cornyn added, suggesting a stringent filter for nominees he perceives as too radical.

Partisan Politics and Its Impact on Supreme Court Nominations

The increasingly partisan nature of Supreme Court nominations has its roots in recent political history. This trend was notably influenced by Mitch McConnell's 2016 decision to block President Barack Obama's nomination of Merrick Garland after Justice Antonin Scalia's death in a move which has left a lasting impact on the judicial confirmation process.

Thune also reflected a cautious approach, stating, "We’ll cross the bridge when we come to it," indicating that decisions on Harris's nominees would be made based on specific circumstances and merits.

Electoral Dynamics and the Battle for Senate Control

The battle for control of the Senate is critical, with the Republican Party predicted to maintain or gain control, thanks to a favorable electoral map. The outcome of these elections will significantly influence Harris’s potential to make judicial appointments.

Both Cornyn and Thune have committed to maintaining the Senate filibuster, which requires a 60-vote majority to advance most legislation, including judicial nominations. This rule could further complicate any of Harris's efforts to push through her Supreme Court choices.

Looking Ahead: The Implications of Senate Control on Judicial Appointments

The leadership elections for the Senate GOP, set to take place in a secret ballot during the lame-duck session following the November elections, will be pivotal.

The outcome could set the tone for how a potential Harris administration would navigate its judicial appointments.

As the political gears turn, the stakes are high not only for Harris but also for the future composition of the U.S. Supreme Court, which will influence American law for decades.

Both Sens. Cornyn and Thune have signaled that they would play the role of what Cornyn describes as "the loyal opposition," shaping the judicial landscape in accordance with their party's philosophical leanings.