Will Kamala Harris be SCOTUS pick? Biden's promise to appoint Black woman sparks rumors

Joe Biden had previously promised in his 2020 campaign, that he would appoint a Black Woman to the High court

                            Will Kamala Harris be SCOTUS pick? Biden's promise to appoint Black woman sparks rumors
Speculation ramps that Harris could be Biden choice to replace Breyer (Photo by Chip Somodevilla/Erin Schaff-Pool/ Alex Wong/Getty Images)

After the news of Supreme Court Justice, Stephen Breyer retiring broke out, speculation has been growing that President Joe Biden might replace him with Vice President Kamala Harris. After all, she's a lawyer and was attorney general of California. But how much truth is there to it?

Joe Biden had previously promised in his 2020 campaign, that he would appoint a Black Woman to the High court. This particular promise of his is the root cause of all the speculation that Harris might be nominated. Apart from this, other names like - Ketanji Jackson, Leondra Kruger: California Supreme Court and Michelle Childs: South Carolina District Court are also doing the rounds.


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Supreme Court Associate Justice Stephen Breyer (Photo by Chip Somodevilla/Getty Images)

Breyer, the senior-most member of the US Supreme Court's liberal wing is said to retire by the end of the current term in June. The vacancy now paves the way for Biden to nominate a Black woman to the court.  Former White House press secretary Kayleigh McEnany on Wednesday, January 26, endorsed the unlikely notion that Harris could get the nomination. “I think it’s a theory that could be credible,” McEnany said while co-hosting the show  “Outnumbered” Fox News. This was sort of echoed by Fox News' Harris Faulkner who wrote: "So this person has to be a woman, she has to be Black and she's gotta be younger. Anybody thinking what I'm thinking," she asked. "They don't know what to do with Kamala Harris in the White House right now. And I can't be the only person seeing this." McEnany, who worked under former president Donald Trump, told Faulkner, “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,” she said. “I think she’s at least on the shortlist.”

Bill Kristol tweeted, probably as a joke: "Straightforward from here. June 30: Court overturns Roe. July 1: Breyer resigns, says Court 'needs aggressive progressive justices.' July 4. Biden picks Harris for Court. Harris resigns as VP. July 5. Biden picks Romney as VP, says national unity needed for the world crisis."



But President Biden on Wednesday, Jan 26, declined to expand on the reports that Justice Breyer would be retiring, saying he would wait to speak further until the justice personally announces his plans. "Every justice has the right and opportunity to decide what he or she is going to do, announce it on their own. There's been no announcement from Justice Breyer. Let him make whatever statement he's going to make, and I'll be happy to talk about it later," Biden said to reporters when asked about the issue.

U.S. President Joe Biden answers questions during a news conference in the East Room of the White House on January 19, 2022 in Washington, DC. (Photo credit- Getty)

White House press secretary, Jen Psaki shared the president's sentiment in an earlier tweet. "It has always been the decision of any Supreme Court Justice if and when they decide to retire, and how they want to announce it, and that remains the case today," she said.


And to clear up the Harris speculation, Psaki told that President Biden has every intention of runing for re-election with Vice President Harris on the ticket as his partner. She also answered a question on if Harris would be able to vote on her own nomination in the evenly split US Senate where she is the tie-breaker for Democrats, saying, “I would have to check on the specifics.”

White House Press Secretary Jen Psaki answers reporters' questions during the daily news briefing at the White House February 02, 2021 in Washington, DC. Psaki talked to reporters about President Joe Biden's plan to sign several executive orders related to immigration. (Photo credit- Getty)

Meanwhile, member of the Senate, Sen. John Cornyn, R-Texas, said in a statement that Biden should "honor the legacy of Justice Breyer and nominate another experienced jurist who respects the current structure and limited role of the Supreme Court." And he further added that "Whoever the President nominates will be treated fairly and with the dignity and respect someone of his or her caliber deserves, something not afforded to Justice Kavanaugh and other Republican nominees in the past."

Will Kamala Harris be nominated as SCOTUS?

As much as the speculation on social media and McEnany would want you to believe, the event of VP Harris being nominated as SCOTUS is highly improbable. Symone Sanders, former Senior Advisor and Chief Spokesperson to the VP rubbished these rumors as "right wing gossip with no basis in facts." She carefully followed that up with "But that's just my opinion.IDK."



There is also another possibility that one must contend with: VP Harris is next in line to be the president of the United States. Whenever Biden decides to quit or loses the reelection), Harris is being touted as the early favorite for the top job. Also, Harris told CBS’ “Face the Nation” that she wasn’t angling for a seat on the Supreme Court. What will the results be and will this speculation come true? Let's wait and watch. 

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