White House Press Secretary wouldn’t directly confirm that Biden was selecting Vice President Kamala Harris to fill the Supreme Court vacancy soon-to-be-left by retiring Justice Stephen Breyer.
But what Psaki did is narrow down the field to one that would include Kamala Harris. Watch:
“When you were asked about the Vice President, possibly being selected as a Supreme Court nominee, you say you’re not going to speak to any considerations. Does that means she is being considered?” Fox News’s Peter Doocy asked.
Psaki declined to address the question, because she said the retirement “hasn’t been announced.”
She did, however, confirm that he would nominate a “black woman” to the Supreme Court.
PSAKI: Biden stands by his promise to nominate a black woman to the Supreme Court.
— Election Wizard 🇺🇸 (@ElectionWiz) January 26, 2022
“Jen Psaki just reaffirmed that the President will only consider a black woman for the next nomination — a threshold gender and race condition that the Court itself has found unconstitutional for schools and unlawful for private businesses,” Constitutional scholar Jonathan Turley noted.
Adding fuel to the fire, Shannon Bream remarks that Breyer hasn’t even confirmed his retirement yet.
Multiple sources tell me Justice Breyer was not planning to announce his retirement today. They describe him as "upset" with how this has played out. We still await any official notice from his office and/or the #SCOTUS public information office.
— Shannon Bream (@ShannonBream) January 26, 2022
“Multiple sources tell me Justice Breyer was not planning to announce his retirement today,” Bream noted. “They describe him as ‘upset’ with how this has played out. We still await any official notice from his office and/or the #SCOTUS public information office.”
There is some high-level political chess being played, and it may be the case that Breyer is being pushed to retire, presumably so the White House can offload the disgruntled Kamala Harris and replace her with a political operator such as Hillary Clinton.
The New York Times initially reported the news, which does not make it a lock; but when it comes to progressive affairs, the grey lady is typically right.
While Biden is certain to pick a left-wing nominee for the forthcoming vacancy, Byron York earlier noted it is likely to be a black woman:
Biden at 2/25/20 Democratic debate in Charleston promising to nominate a black woman to Supreme Court. ('Not a joke.') It was night before Clyburn endorsement; critical moment in Biden candidacy. https://t.co/1zNwyaogcI pic.twitter.com/7CO0VZOyLr
— Byron York (@ByronYork) January 26, 2022
York noted that Biden said he looked forward to “making sure there’s a black woman on the Supreme Court” in 2020.
The rumor isn’t new that Biden might tap Kamala Harris for the nation’s highest court. In November, we reported that Kamala Harris and Joe Biden may be heading towards a bad breakup. The White House power couple had been locked in a bitter feud going back to the 2020 campaign. There were credible reports of behind-the-scenes maneuvering to ‘get Kamala out’ of the vice presidential role.
Chad Pergram, who is an avid buff of Congressional process and mechanics, disclosed that he received a message from a well-informed insider that told him he should familiarize himself on the process to confirm a “vacancy for the Vice President in the Senate and in the House.”
The mainstream media reacted to the report as Fox News ginning up ‘speculation’ over Kamala Harris’s future. But such reports did not originate with Fox News. After CNN’s admission of the Biden-Harris rift, the Daily Mail reported there was talk of the White House seeking a Supreme Court seat for Harris to get her out of their hair.
“Harris’ approval rating has plunged even further than Biden’s in recent months, with rumors swirling that the president is considering appointing her to the Supreme Court as a backdoor method of selecting a new VP,” the Daily Mail reported.
Kamala Harris’s approval ratings have collapsed to roughly the same abysmal point as Biden’s (CBS/YouGov had them each at a 44 percent approval rating, while 56 percent of respondents disapproved). Her prospects of becoming president have faded fast. The Supreme Court could be her way out… setting the stage for Hillary Clinton.
Harris would first need to be confirmed as Supreme Court Justice, prompting her resignation .Next, Hillary Clinton would need to be nominated for vice president and confirmed by both houses of Congress.
The 25th Amendment to the Constitution, which was passed in 1967. Section 2 states:
“Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.”
It would be a highly contentious battle to get Hillary Clinton through the gates and into the White House once again. If the Democrats have any intention of doing so, time is short. Stranger things have happened.
OPINION: This article contains commentary which reflects the author's opinion.