Liberal Supreme Court Justice Stephen Breyer will step down later this year.
Breyer’s retirement offers Biden a chance to rack up a desperately needed win.
But now Joe Biden got some bad news about the Supreme Court from this unexpected source.
The Senate is split evenly 50-50 between Democrats and Republicans.
Democrats are counting on Vice President Kamala Harris to cast the tie-breaking vote to confirm whichever radical leftist Biden nominates to the Supreme Court.
The Left just has one problem.
Back in 2020, Harvard Law Professor – and leading leftist legal scholar – Lawrence Tribe – wrote a piece arguing that Mike Pence could not cast the tie-breaking vote on one of Donald Trump’s Supreme Court nominees because the framers never granted the Vice President that power.
“While the Vice President has the power to cast a tie-breaking vote to pass a bill, the Constitution does not give him [or her] the power to break ties when it comes to the Senate’s ‘Advice and Consent’ role in approving Presidential appointments to the Supreme Court,” Tribe argued at the time.
That never came into play as the GOP Senate majority easily confirmed Amy Coney Barrett in the fall of 2020.
Now, however, Democrats may very well need the Vice President to break a 50-50 deadlock and confirm Joe Biden’s radical nominee.
RealClearPolitics’s Philip Wegmann reached out to Tribe to ask if he still stood by his analysis.
Not only did Tribe admit that he did, but he also said that Kamala Harris could not cast the 51st – and deciding – vote to confirm Joe Biden’s nominee to the Supreme Court.
“I wrote that piece around 15 months ago and have not thought about the issue since,” Tribe stated. “I doubt that I would reach a new conclusion upon re-examining the matter even though, given the current political circumstances, I obviously wish the situation were otherwise.”
Even though Tribe is one of the Party’s top legal advisors, Joe Biden and the Democrats will likely ignore this legal advice.
But Republicans will use every tool at their disposal to slow down confirming a radical left-wing activist to the Supreme Court.
Renewed Right will keep you up-to-date on any new developments in this ongoing story.