How Democrats’ Polling Disaster Will Impact Biden’s SCOTUS Pick
President Biden will be picking his first Supreme Court justice in the coming months to replace Stephen Breyer. The good news is he can pick whoever he likes and they will likely pass the 50-50 Senate with Harris as the tiebreaker. The bad news is Democrats are deeply unpopular and the problem is getting worse.
Earlier today the DCCC announced they are expanding the number of Democrat-controlled House seats they are working to protect. The worst part is some of these seats are in districts that went for Biden by over 10 points. The question becomes will Biden go for broke by nominating a hyper-progressive pick and risk an even uglier backlash in November? Here’s my take:
According to Laurence Tribe, Harvard Law Professor (WSJ Notable & Quotable 1/27,2022) "while the vice president has the power to cast a tiebreaking vote to pass a bill, the Constitution does not give him the power to break ties when it comes to the Senate's "Advice and Consent" role in approving presidential appointments to the Supreme Court....You don't have to take my word for it. Alexamder Hamilton said the same thing way back in 1788...........Giving the vice president tiebreaking pwer over Judicial appointments would also break the Framers' careful constitutions structure.
Real-politic at its finest! Excellent analysis!