Biden Plans to Nominate Kamala Harris to Supreme Court? Wild Speculation as Justice Stephen Breyer Retires

According to Fox News anchor Harris Faulkner and her colleague Kayleigh McEnany, one "credible" theory is that Biden will try to place Harris on the bench in order to push her out of the White House.

  • Updated

Speculation is rife that President Joe Biden might nominate embattled Vice President Kamala Harris as the next Supreme Court justice, keeping his promise to appoint a Black woman to the High Court. The speculation comes following the news that Stephen Breyer, one of the three remaining liberals on the Supreme Court, will soon retire form his post.

Harris' name emerged after Fox News on Wednesday started running wild with unfounded speculation about who Biden will nominate to replace the liberal Breyer. One reason why Biden will try and nominate Harris to the bench is that this will push her out of the White House race in 2024.

Harris in a New Role?

Vice President Kamala Harris and President Joe Biden Twitter

The wild speculation was first made by Fox News anchor Harris Faulkner and her colleague Kayleigh McEnany. According to them, one "credible" theory is that Biden will try to place Harris on the bench in order to push her out of the White House.

"This person has to be a woman. She's got to be Black, and she's got to be younger. Anybody thinking what I'm thinking?" said Faulkner on Wednesday. "They don't know what to do with Kamala Harris in the White House right now. I can't be the only person who is seeing this."

Faulkner's comments can not only be seen as a wild speculation but there are high possibilities of Biden doing that as by nomination Harris to the Supreme Court, he will open possibilities of a less politically tainted running mate for 2024.

Joe Biden
Biden Twitter

Moreover, by doing so Biden will also keep his 2020 Election campaign promise. Biden pledged to nominate the first Black woman to the Supreme Court during his 2020 campaign and now Harris' name doesn't come much as a surprise.

Also, Harris reportedly has been unhappy with her role in the administration thus far.

Although the idea is a bit far-fetched, and something that even the White House tried to debunk on Wednesday, it's legally possible and won't come as a surprise because it will allow Biden to fulfil his campaign promise at the same time give Harris a dignified exit from the 2024 Democratic ticket.

Political Game

 Kamala Harris
Kamala Harris Xinhua/Liu Jie/IANS

Discussing the breaking news on midday panel show 'Outnumbered', the hosts first took issue with Biden's pledge to fill the open spot with a Black woman. "We know what Joe Biden does best is placate to the radical element and radical aggressive base of his party that he believes is the majority," Fox News contributor Tomi Lahren said.

Many are not ruling out the possibility. Former White House press secretary Kayleigh McEnany on Wednesday endorsed the unlikely notion that Harris could get the nomination as a way to end to the controversies surrounding her.

"I think it's a theory that could be credible," McEnany said while co-hosting the "Outnumbered" show on Fox News.

Stephen Breyer
Stephen Breyer YouTube grab

After Fox News legal analyst Jonathan Turley said Biden's pledge to only consider a Black woman is ironic because the court itself "wouldn't allow that kind of approach for college admission," Faulkner added that Turley "was talking about discrimination."

Endorsing Faulkner's comments that the White House doesn't know what to do with Harris now, she said, "I think you're right" and said the possibility "was playing in my mind from the moment we heard about this retirement."

"Politically speaking, if you are not happy with your vice president, and you want her in a different role, there's no greater role than on the Supreme Court. "I think she's at least on the shortlist," she said.

The possibility of moving Harris, at least on the theoretical level, has been discussed in the Biden orbit since at least November, according to CNN.

Though the president has struggled to get key parts of his agenda through the Senate, he should be able to confirm a new Justice without much opposition, as even more centrist Democrats who oppose his other plans tend to vote with him on judicial appointments.