Kamala Harris is prepared to return to Capitol Hill to cast tie-breaking votes on President Joe Biden’s judicial nominations. Democrats anticipate close calls in the confirmation process as they aim to secure numerous judicial confirmations before Biden leaves office. As the president of the Senate, Harris holds the constitutional power to provide a tie-breaking vote.
Throughout Biden’s tenure, she has frequently been called upon to cast decisive votes due to Democrats’ slim majority in the Senate. “This is something they want to clear the decks on,” said a senior aide to Harris, emphasizing her availability for any necessary tie-breaking votes. Despite planning a trip to California and Hawaii, Harris delayed her departure to ensure she would be present for potential Senate votes.
Senate Majority Leader Chuck Schumer has been vocal about the importance of confirming as many judges as possible before Biden leaves office.
Harris’ tie-breaking judicial role
He plans to utilize the lame-duck session for this purpose.
“We are going to use the lame duck to confirm judges,” Schumer said in a recent interview, determined to overcome Republican obstruction. Senate Republicans may attempt to slow the process, but with a simple majority, Democrats can confirm judges despite opposition. The urgency of judicial confirmations was evident on Monday when Democrats confirmed a judge to the 11th Circuit Court of Appeals and held 18 roll-call votes in a six-hour span to prepare for seven more confirmation votes.
If successful, Biden’s total will reach 223 federal judges, nearing Trump’s first-term tally of 234. While the White House has not announced plans for additional judicial nominations, discussions about further confirmations continue. A Senate Democratic aide expressed optimism at the prospect of Harris as a tie-breaker, while hoping her intervention won’t be necessary.