Fresh off a devastating loss to Donald Trump, Vice President Kamala Harris may head to Capitol Hill to challenge him in what could be her last act in office.
As President Joe Biden tries to advance judicial appointments before leaving the White House, Democrats are looking for a chance to make a close call in the process as they look for Trump’s 232 judges in his first term.
That’s where Harris would come in. As the president of the Senate, Harris uses the power of the constitution to cast a vote that overturns the law. Many young Democrats have encouraged Harris to continue doing so throughout Mr. Biden’s tenure, breaking the record last year for casting the most votes for any vice president in history.
It’s an important issue for the president — and Senate Majority Leader Chuck Schumer, DN.Y. — that came last week when Harris and Biden met for lunch in their first post-election meeting, three sources with knowledge of the meeting said.
“This is something they want to clarify,” a senior aide to Harris said.
“He will be there for any votes,” a second aide said.
“It’s a big focus,” a third person familiar with the internal dynamics said.
With Harris leaving Tuesday to vacation in Hawaii, votes are not expected to come up in the Senate until December, one of the sources said.
An aide to Harris said the vice president delayed his trip to California and Hawaii if he needed votes in the Senate to confirm the judges. Harris was supposed to leave last weekend but left Tuesday with the intention of returning to DC to vote. The aide, along with a person familiar with the planning process, said the team felt he was no longer needed in DC but expected a big battle over the nominees in December.
Sen. Elizabeth Warren, D-Mass., on Tuesday said she had been told that Harris would be available to break the administration’s ties if necessary. He would not say whether he personally spoke to Harris about it.
“The goal is to fill every nomination that we can,” Warren said.
Schumer has been talking about making these promises before Biden leaves office, several people with knowledge of the negotiations said.
He made it clear that he will use the soft-duck period – the time between the election and when a new president is appointed – to confirm other judges, as the Republicans did in late 2020.
“We will use a lame duck to strengthen the judges. And we’re going to do everything we can to get as many judges done as possible, trying to overcome Republican obstruction,” Schumer told NBC News in a recent interview.
That is something that has already angered Mr. Trump, who has signaled that Republicans should block any attempt by Democrats to advance their administration agenda.
“Democrats are trying to fill the Courts with Radical Left Judges on their way out the door. Republican Senators must Show Up and Hold the Line – No more Judges confirmed before Inauguration Day!” Trump wrote on True Social Tuesday.
But Republicans — who made a big splash in Trump’s Supreme Court appointment a week before the 2020 election — are powerless to stop it.
GOP senators can moderate the process, but Democrats need a simple majority to overcome any obstacle and strengthen the judiciary. The head of the Biden administration who works on judicial nominations said that in the 2020 term, after Mr. Trump lost the election, Senate Republicans continued to strengthen their judges.
Confirming more judges is a priority for Schumer and Senate Democrats before handing over power to the new Congress, which will be dominated by Republicans in both chambers.
“We will confirm as many judges as possible in the disabled duck,” Sen. Mazie Hirono, D-Hawaii, said.
The controversy erupted Monday after Democrats confirmed a judge to the 11th Circuit Court of Appeals. Schumer kept the Senate in session until nearly midnight, holding 18 more votes for a six-hour roll call to secure seven more confirmation votes on Biden’s nominees later this week.
If all are confirmed, that will bring Biden’s total to 223 federal judges.
That’s close to Trump’s final tally of 232 judges confirmed in his first term, the number Democrats have projected to win since defeating him in the 2020 election. This summer, however, Schumer stopped short of promising it.
A Biden administration official said Trump’s number could be hit, arguing that there are candidates waiting on the calendar or waiting to be considered in the committee.
“We can exceed 234,” the official said. “This isn’t about beating Trump’s numbers. This is about getting good people on the bench. Is 235 within the realm of possibility? It is. But that’s not what’s causing it.”
At this time, the White House has not announced plans to nominate judges for other unfilled positions. This includes various openings in red states that are subject to the “blue slip” courtesy, which Republican senators must sign before they can vote.
The administration official declined to discuss whether Biden spoke to Harris or Schumer about the duck’s disability.
“I will not participate in the talks held by the president,” the official said. “But you can imagine that this remains a topic of discussion and engagement.”
A Senate Democratic aide was encouraged by the idea that Harris would be called upon to break ties.
“I hope he’s not wanted,” the aide said. “But I’m glad it’s an election where the Dems have the majority.”
This article was originally published on NBCNews.com