On Thursday, President Joe Biden held a press conference to announce the retirement of Justice Stephen Breyer from the Supreme Court… and to announce Vice President Kamala Harris’ role in selecting Breyer’s replacement.
“I’m fortunate to have advising me in the selection process: Vice President Kamala Harris,” Biden said.
Fox News contributor Kayleigh McEnany later predicted that this could be yet another mistake by the Biden administration — and warned Harris could bungle the process.
McEnany, a former White House press secretary under Donald Trump, went on Unfiltered with Dan Bongino to discuss.
Fox host Dan Bongino began sarcastically, “Kamala Harris, our vice president, she’s supposed to be helping the selection committee for the Supreme Court seat; you know she really knocked it out of the park as the border czar.”
“You worked in the White House, you were in the room for these conversations,” he asked McEnany. “Is this a political effort to save her reputation because she has failed at everything else and hope they can change the narrative?”
“For sure. Exactly, Dan,” McEnany responded.
She continued:
Vice President Mike Pence was involved in a myriad of matters because he did a great job, like on COVID-19. For instance, he led the task force, and he proved himself to be skillful and adept.
Kamala Harris, she couldn’t get voting rights done. The border is up in flames. She’s failed at every task she’s been given. So they said, “Let’s give her the one-done deal that we have.”
As per the Constitution, the president nominates federal judges, and the Senate confirms them. Since 2017, the Senate has needed only 51 votes to stop a filibuster and confirm a judge.
The vice president can cast a tiebreaking vote in the event of a 50-50 tie… and the Senate currently contains 50 Democrats and 50 Republicans.
With these rules in mind, McEnany continued:
They think it’s a done deal. “50-50 Senate, we’ll get the Supreme Court justice through.”
If anybody knows how to light a sure-fire deal on fire, it’s Kamala Harris. You chose the one person who may tank what in your view is something that simply cannot be tanked.
“Right,” Bongino concluded. “They’re definitely throwing her a life preserver, trying to save her.”
However, the Senate may avoid a tie over Breyer’s replacement, due to votes from some Republicans. In that case, Harris would become redundant, with no need to break a tie.
Recently, some key Senate Republicans have sided with the Democrats in court battles.
Sen. Susan Collins, R-Maine, voted against confirming Justice Amy Coney Barrett, who was appointed by Trump.
Sen. Lisa Murkowski, R-Alaska, declined to vote on Justice Brett Kavanaugh, another of Trump’s picks.
Some Republican senators have spoken favorably of U.S. District Judge J. Michelle Childs of South Carolina, a judge mentioned by name in a White House statement to The Washington Post.
Sen. Lindsey Graham, R-S.C., said on CBS’s Face the Nation, “I can’t think of a better person for President Biden to consider for the Supreme Court than Michelle Childs. She has wide support in our state.”
Biden is also reportedly considering Judge Ketanji Brown Jackson from D.C.’s federal court of appeals. Three Senate Republicans — Graham, Collins, and Murkowski — voted to confirm Jackson to that court in June 2021.
In this court battle, Harris may be rendered obsolete by a few Republican votes.
McEnany predicted a mistake from Harris, but Harris’ own irrelevance may save her from failing Biden yet again.
The Horn editorial team