During his campaign, Biden vowed to nominate a Black woman for the Supreme Court. Harris, who is of Jamaican and Indian descent, fits that requirement. And while she does not have experience as a judge, she was California's attorney general and San Francisco's district attorney.
Political commentator Bill Kristol touted the idea of putting Harris on the court and replacing her with Republican Sen. Mitt Romney as a unity candidate to assist Democrats in the midterm elections. Fox News host Harris Faulkner also floated the idea of Harris getting the nomination, with former Trump White House press secretary Kayleigh McEnany suggesting that Biden could nominate Harris in order to get rid of his Vice President. CNN analyst Jeffrey Toobin floated Harris as a long-shot nominee earlier this month. A Harris nomination to the Supreme Court is politically unlikely, and quite frankly, tactically tricky.
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Harris and White House officials have batted down the idea of Harris being nominated to the Supreme Court. Asked whether Harris might be in the running for the nomination, White House press secretary Jen Psaki said in a press briefing on Wednesday, “The President has every intention, as he’s said before, of running for reelection, and for running for reelection with Vice President Harris on the ticket as his partner.”
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In a December interview with Face the Nation, Harris said she has not had the aspiration to sit on the Supreme Court.
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"I'm much more active, I think, in terms of — not that — that Supreme Court Justices don't have a huge impact,” Harris said. “But right now, I like what I'm doing, the ability to travel around the country, to talk with folks, to push for policy that has more a — in a very direct way."
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The proposal would put the Biden Administration, which is already struggling to turn around flagging approval ratings, in a tactically tricky position even if Harris were interested.
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Getting any Supreme Court justice confirmed will be tricky for Biden and Senate Majority Leader Chuck Schumer, regardless of the complication of nominating the President of the Senate. There are 50 Republican senators and 50 senators on the Democratic side (including independent Sens. Bernie Sanders of Vermont and Angus King of Maine, who caucus with Democrats). Court nominations need only a simple majority to be confirmed, and today’s polarized Senate and Supreme Court mean that it is possible that no Republicans vote for Biden’s Supreme Court nominee.
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