Janice R. Andrews
After a crushing electoral defeat by Donald Trump, Vice President Kamala Harris is poised to take on a pivotal role in what may be her final major act in office. This time, the fight shifts from the campaign trail to Capitol Hill, where Harris could play a crucial role in advancing President Joe Biden’s judicial nominations. With Democrats racing to exceed Trump’s record of confirming 234 judges during his first term, Harris’s tie-breaking vote could be the deciding factor.
The Race to Confirm Judges
Judicial appointments have been a cornerstone of both Trump’s and Biden’s presidencies. With Senate Majority Leader Chuck Schumer leading the charge, Democrats are determined to maximize the lame-duck session to confirm as many judges as possible before Republicans take control of Congress in January. “We are going to use the lame duck to confirm judges,” Schumer stated, underscoring the urgency of the task.
This effort is driven by the desire to counterbalance Trump’s judicial legacy. During his presidency, Trump reshaped the federal judiciary by securing 234 appointments, including three Supreme Court justices. Democrats now aim to match or surpass this number, with Biden already confirming 223 judges. The push reflects not just a numbers game but a mission to leave a lasting impact on the judiciary.
Harris’s Role in the Senate
As vice president, Harris holds the constitutional authority to cast tie-breaking votes in the Senate. This role has been instrumental throughout Biden’s presidency, with Harris breaking more ties than any other vice president in U.S. history. Her ability to tip the scales has made her a key figure in advancing the administration’s legislative and judicial agenda.
With the Senate closely divided, Harris’s presence could once again prove decisive. Her record-breaking performance underscores her importance in ensuring that Biden’s judicial nominees are confirmed, even in the face of Republican opposition.
December Battles on the Horizon
The Senate is gearing up for a contentious December session, where judicial confirmations are expected to take center stage. Harris delayed a planned trip to California and Hawaii to ensure she would be available for Senate votes if needed. While her team determined she wasn’t immediately required, they anticipate a fierce showdown over judicial nominees in the coming weeks.
Senator Elizabeth Warren expressed confidence in Harris’s readiness to step in. “The goal is to fill every judicial nomination that we can,” Warren said. This determination aligns with Schumer’s commitment to maximizing the remaining time before the new Congress takes over.
Republican Pushback and Trump’s Influence
As Democrats press forward, Trump has called on Republican senators to block any further judicial confirmations. On Truth Social, he accused Democrats of trying to “stack the Courts with Radical Left Judges.” However, Republican efforts to obstruct are limited. While they can delay proceedings, Democrats require only a simple majority to confirm nominees.
This dynamic mirrors the Republican strategy in 2020 when Senate Republicans continued to confirm Trump’s judges during the lame-duck session after he lost the election. For Democrats, this precedent justifies their own push to secure as many judicial appointments as possible before the new Congress begins.
A Legacy-Defining Moment for Biden and Harris
For Biden, surpassing Trump’s judicial appointments would be a significant achievement and a critical component of his presidential legacy. For Harris, it represents a final opportunity to leave her mark by playing a decisive role in shaping the federal judiciary.
The stakes are high, as these appointments will influence key policies on issues such as civil rights, healthcare, and environmental protection for years to come. Harris’s involvement would not only underscore her commitment to Democratic priorities but also reinforce the importance of judicial confirmations in safeguarding progressive values.
Overcoming Challenges
Despite their momentum, Democrats face hurdles in filling certain vacancies. Judicial openings in Republican-controlled states remain particularly challenging due to the “blue slip” tradition, which allows home-state senators to block nominees. Additionally, delays in nominating judges for these vacancies could hinder efforts to surpass Trump’s record.
Still, the Biden administration remains optimistic. “This is about getting good people on the bench,” a senior official said, emphasizing the focus on quality over sheer numbers. The goal is to ensure that each appointment contributes to a balanced and fair judiciary.
Harris’s Potential Final Act
Returning to the Senate to break tie votes on judicial confirmations could serve as Harris’s defining moment as vice president. Her leadership and ability to deliver under pressure have been a hallmark of her tenure, and this final act would highlight her dedication to advancing the administration’s priorities.
Schumer, Biden, and Harris are united in their resolve to fill every possible vacancy before their time in office ends. Their efforts demonstrate a shared commitment to strengthening the judiciary and upholding Democratic ideals.
Broader Implications for the Judiciary
The fight over judicial appointments extends beyond immediate political gains. It represents a broader ideological battle over the future of the American legal system. Trump’s conservative appointments have already shifted the judiciary’s balance, making the current push by Democrats a crucial countermeasure.
The courts play a vital role in shaping national policy, and these appointments will have far-reaching consequences. By prioritizing this effort, Democrats aim to ensure their vision of justice and equity is reflected in the judiciary for decades.
The Path Ahead
As December approaches, Harris’s potential role in Senate proceedings remains a focal point. Her ability to cast tie-breaking votes could be the difference between advancing Biden’s judicial agenda and falling short of their goals. For Harris, this moment offers an opportunity to solidify her legacy as a vice president who delivered when it mattered most.
Whether Democrats succeed in surpassing Trump’s record remains uncertain, but their determination signals a willingness to fight for every judicial appointment. Harris’s involvement would not only showcase her dedication but also serve as a powerful reminder of the judiciary’s significance in shaping the nation’s future.
In the end, the December session promises to be a pivotal moment in the ongoing battle over the judiciary. With Harris at the forefront, Democrats are prepared to make their final stand to influence the courts and secure a legacy that aligns with their vision for America.
