Prospective President Harris Might Encounter Obstacles from the Senate Republican Faction in Appointing Any Supreme Court Nominee
If the Republicans manage to reclaim the Senate leadership, President Harris would need the new GOP leader to arrange a vote for her proposed Supreme Court nominee.
In conversations with CNN lately, the frontrunners vying for the position of Senate Minority Leader Mitch McConnell's successor declined to pledge that they'd grant a floor vote to a Harris-nominated Supreme Court justice.
Senator John Cornyn from Texas, when inquired about a Harris court selection, responded with a non-committal stance, stating, "It depends." He pointed out that the nominee would need to navigate the committee process, implying that the vote's likelihood would hinge on this. Cornyn further revealed that the decision-making process would consider the identity of the nominee. "I wouldn't arrange a vote on an extremist nominee — a choice Harris would undoubtedly embrace," he remarked.
John Thune, the GOP whip from South Dakota, echoed a similar stance. In a discussion about the potential confirmation of a Harris' judicial appointee, Thune responded with a casual, "We'll see when we get there." He specified that the confirmation's feasibility depended on the individual nominee.
These recent declarations illustrate the politicization of the Supreme Court confirmation progress, a stark contrast to the past when nominations would be confirmed even in opposition party-controlled Senates. Although each side continues to attribute blame to the other for the breakdown, McConnell's 2016 decision to hold onto the late Justice Antonin Scalia's vacant seat for over a year — thus denying then-President Obama a Supreme Court seat — continues to have repercussions in the Senate.
The subsequent GOP leader will be chosen during the lame-duck session of Congress following the November elections. At present, only Cornyn, Thune, and Senator Rick Scott from Florida are in the race to assume McConnell's post. The current GOP senators, along with the incoming members of the freshman class, will each cast a vote. Although Thune and Cornyn are seen as the favorites to succeed McConnell, predicting these internal party competitions is challenging, as senators typically opt not to reveal their decisions and the process involves a secret ballot.
The Republicans currently have a distinct advantage in wresting control of the Senate in November, with Democrats requiring defenses for three red states and seven competitive seats. Their only potential advantages resonate in Texas and Florida, but these opportunities are widely considered to be longshots.
Should Harris prevail, she could potentially confront a Republican-dominated Senate that may hinder her agenda or force her to accommodate their demands.
And if Trump returns to the presidency, his authority may be limited, as both Cornyn and Thune have sworn that they would preserve the Senate filibuster, making it imperative to garner 60 votes — including some Democratic votes — to advance legislation.
When asked about collaborating with a President Harris, Cornyn made a dry comment, "We'd be the loyal opposition."
The lack of commitment from the potential Senate Minority Leader candidates to grant a floor vote for President Harris' Supreme Court nominee highlights the politicization of the judicial appointment process.
The comments from Senator John Cornyn and GOP whip John Thune suggest that the likelihood of a vote for a Harris-nominated Supreme Court justice will depend on the identity of the nominee and the outcome of the committee process.
