After suffering a significant loss to Donald Trump in the recent election, Vice President Kamala Harris may soon be called upon to play a pivotal role in what could be her final significant action in office. As President Joe Biden works to push through a wave of judicial nominations before his term concludes, Democrats are scrambling to confirm as many judges as possible in an effort to outpace the 234 judicial appointments Trump secured during his first term.
This is where Harris comes into play. As President of the Senate, Harris holds the power to cast tie-breaking votes, a function that has become increasingly important in the current divided Senate. Her role has been vital throughout Biden’s presidency, with Harris setting a record for the most tie-breaking votes by any vice president in history.
The stakes are high for the Democrats, with Senate Majority Leader Chuck Schumer making it clear that judicial confirmations are a priority during the lame-duck session—the period between Election Day and the inauguration of a new president. Schumer has been working tirelessly to push through as many judicial nominations as possible, aware that this may be their last chance before Republicans take control of Congress.
The possibility of a showdown over judicial appointments is already on the horizon. Schumer has promised to use the lame-duck session aggressively to confirm judges, something he hopes will help Democrats solidify their legacy before Republicans take over the Senate. However, this has already drawn the ire of former President Trump, who has urged Republican senators to block any judicial confirmations in the final days of Biden’s administration.
For Republicans, blocking judicial confirmations is crucial to maintaining a conservative judicial legacy, but the slim Democratic majority in the Senate means that Democrats will still have a strong chance of confirming judges if they can rally support. GOP senators may try to slow the process down, but without full control of the Senate, they will struggle to block Biden’s judicial nominees outright.
With the lame-duck session approaching, all eyes will be on Harris and her tie-breaking vote. While Republicans hope to block the judicial agenda, Democrats will likely push forward with their plans to reshape the judiciary, using every opportunity available to push through their nominations before the new Congress takes over. The battle for the federal bench is heating up, and both sides are preparing for a fierce final push.