Fox News Host Speculates Biden Could Nominate VP Harris to Replace Retiring Supreme Court Justice

The White House, Public domain, via Wikimedia Commons

Could there be more to the timing of Supreme Court Justice Stephen Breyer’s retirement announcement?

Fox News host Harris Faulkner wondered if Vice President Kamala Harris may be considered as a candidate to replace the retiring justice. George Washington University Law professor Jonathan Turley joined the “Outnumbered” hosts to discuss the possibility.

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According to The Daily Wire:

“The timing here is rather conspicuous,” Turley said, noting that the far left had begin calling for Breyer’s resignation months ago, using social media and even billboards to drive their point home.

“The liberals want to put a younger person on the court,” Turley explained. “That type of thing isn’t done, it wasn’t necessary but is also incredibly disrespectful so this is not the way that this man should have retired with this sort of mob baying at his heels simply because they want a younger person.”

Turley went on to note the irony that the Supreme Court had only recently agreed to take up two Affirmative Action cases with regard to race-based college admissions policies — and President Joe Biden promised on the campaign trail that he would only consider a black woman if he had the chance to nominate a new justice.

Then Faulkner speculated that based on Biden’s previous rhetoric and Kamala’s lack of success in the White House if she could be considered to replace Justice Breyer.

“So this person has to be a woman, she has to be black and she has to be younger. Anyone thinking what I’m thinking? They don’t know what to do with Kamala Harris in the White House right now. I can’t be the only person seeing this,” Faulkner replied. “And you’ve read, I’m sure that you have, too, Kayleigh, because we chatted about it. We’ve been reading that maybe something like this could happen with the vice president — he runs again, it’s someone else. Look, I prefer to drink my tea rather than read read the tea leaves, but when Jonathan Turley puts out the information of a young, black and female, it’s hard not to see, at least she makes the list?”



    1. On what grounds under US law would you jail her for accepting a SCOTUS nomination? Is there any US law that applies?

      Or would it be under Obama/Biden “law”? Sorry for the sarcasm as I understand your frustration and would like to see a CONSTITUTIONALIST who takes an exegetical approach to interpreting the Constitution appointed. That’s the type OUR Pres. Trump said he’d appoint when he debated the corrupt socialist traitor Hillary. But that’s not the type seditious socialist Democrats would appoint or support.(ARGH!)

      Since Sen. McConnell pushed through the “nuclear option” in 2017, it’d take 51 votes to confirm her. If there was a 50-50 tie in the Senate, do you believe that Harris would recuse herself and not break the tie in her favor? I don’t put anything past these socialist Democrats.

  1. Kamala won’t quit, she’s virtually unemployable, she’d have to be fired. That puts Nancy Pelosi in the Chain of Command behind old Joe. Fortunately there’s little chance old Joe will choke on ice cream. I think a filibuster against a Harris replacement is remote.

    1. Actually not it doesn’t. just like Spiro Agnew when he resigned, Nixon had to choose a VP and that was Gerald Ford. He had to be approved by the Senate if I remember. The Speaker does not automatically become VP.

          1. First you have to find something that Trump did wrong worthy of indictment to be pardoned. Since he has “teflon’d” his way out of all accusations, he needs no pardoning. He’d make an awesome Speaker of the House.

        1. I think you’re an idiot.
          Only a President can nominate a Vice President.
          People like you are the reason that Trump served one term
          Idiots for Trump

          1. Actually, the President appoints a replacement Vice President, but both Houses of Congress must consent to the appointment. (25th Amendment)

            One mark of a fool is that he calls other people “idiot” simply because they speak from ignorance. Another mark of a fool is that he votes against a great leader because the leader isn’t perfect, even though the alternative is obviously not suited for the task. There were millions of fools who voted for Joe Biden, and some may have voted for him more than once.

      1. The Senate and the House both have to approve a new VP, by a simple majority. Did we quit teaching civics in our schools? Why ask, of course they did.

        1. You can tell by the comments on TTN.
          These morons think that Congress picks the replacement VP.
          They still can’t figure out why Trump was booted from the White House.
          He has zero proof of any wide spread voter fraud other than at The Villages in Florida.
          They mail in any ballot they can get their hands on.

      2. Should the Vice President resign the President is under no obligation to nominate a replacement.
        If the President should then leave office the Speaker will become President should they so choose
        No one automatically becomes anything.
        They have to accept the position.
        The VP is a do nothing position.
        The only thing Pence did was hand the White House over to Vote Stealing Joe.
        God Damn Him

        1. Where were you between 2017 and 2020? Vice President Pence did some very good work in organizing the Trump administration’s defense of religious freedom and several other initiatives.

          I don’t blame Vice President Pence for refusing to unilaterally take over judgment of the election. Consider the 2000 election: if what you wanted Mr. Pence to do was constitutionally legitimate, Vice President Gore could have “disallowed” the Florida electors and made himself President. Surely the authors of the Constitution did not have that in mind! No, Congress was the last resort. Congress failed to fairly consider the evidence of irregularities in the election. This was in part due to Speaker Pelosi’s clever spin of the false flag “insurrection” that was timed to interrupt the first challenge to electors during the official vote count. She successfully scared many members of Congress away from the challenges by perceptually linking the challenges to the intruders.

        2. Well AlbertK, you are right about the VP having a do-nothing position. Harris has done nothing since she’s been there. Even after being assigned to do something. I’d like to hear the real Pence story, since so many other senior staff of Trump’s admin. have ganged up now to vilify him. There has to be something we aren’t being told.

    2. Actually it doesn’t put nasty Nancy any where. Harris would be replaced just like Ford replaced Agnew when he resigned.

      1. Biden does not have to replace the Vice President.
        It leaves Nasty Nancy a weak heartbeat away from being President.
        Ford just didn’t just replace Agnew.
        Nixon nominated and the House and Senate approved.
        You just don’t know much about how the US government works.
        A very typical, deplorable, Trumper

  2. Kamala Harris joining the Supreme Court will be a good thing for Republicans. Then Biden can be impeached.

      1. VP Harris is so manifestly unqualified to be President that nobody in his right mind would want her to replace Joe Biden. Thus, just as Biden was impeachment protection for Barack Obama, she is impeachment protection for Joe Biden. The Democrats are racing for the bottom. If this continues, we may one day see a chimpanzee nominated as the Democrat Party’s candidate for Vice President.

    1. Keep in mind it she resigns, Biden gets to replace her with his choice for VP with Senate confirmation. Might he choose Pelosi, or even Waters? How about Hillary?

      Also, to convict Biden in the Senate it’d take 67 votes. While I’m hopeful the GOP will pick up a distinct majority in both Houses in the midterms, I doubt it’ll reach that number – including “conservative” Democrats.

      But who knows?

      1. There are enough to get to 60 and an outside shot at 67. That assumes Biden and his handlers don’t wake up and turn things around.

      1. Americans need to get some common sense, and stop voting for names they recognize, and start voting based on their history and performance. We also need to start electing people who have the continuance of our nation at heart, instead of these globalists.

  3. I hope all the Biden supporters/voters are happy with what is going on in this country (Even though the election was stolen).

    1. Many of his voters are 6 feet under and could care less. Others are receiving free transportation from their illegal port of entry to various encampments in red states and really appreciate the food stamps, government c/c, and free medical care. Why would any of Biden’s voters complain.

  4. So now they want a prostitute on the court??? Well Democrats have hired fags and perverts for everything else! Soon child molesting will become not a crime! Till the parents just hang the molesters without a court at all! Then the Democrat will act traumatized ! And wonder why anything is happening to them!

  5. So this Justice is responding to demands of the left? What nerve! They kept Ginsburg on that bench despite all her problems, no retirement for her.

  6. Good grief, she’s less qualified for the Supreme Court than she is for Vice President. I understand that justices cannot be totally free from political leanings simply due to the method of appointment. But holy cow, her intellect is totally deficient.

    1. What? Do you mean you have bad feelings about a woman who acts like a silly teenage girl, sitting on the Supreme Court?

  7. No one ever talked about her background. She wasnt born in this country. Why not and heres something else. Just like Warren, she`s not American indian. Kamelhump is not African American either.

    1. ACTUALLY, many did discuss her rather “dubious” background. HOWEVER, she’s eligible under the Constitution to hold the position of either SCOTUS Justice or the Presidency. Otherwise she couldn’t be the VP – PERIOD.

      Also, Oakland, CALIFORNIA, where Kamala Harris was born, is part of the USA. Nor is race, ethnic background, age, religion, sex, type citizenship, party affiliation, nor even being a pettifogger (lawyer) a matter of eligibility for the Justice position per the Constitution. Now you and I might have other concerns about suitability type qualifications.

      In addition, Sen. Warren claimed NATIVE AMERICAN (North American Indian) heritage. On the other hand, the country India IS NOT Native American where Harris’ mother was born. Her father was born in Jamaica and is Black with Caribbean (Native Indian) heritage, making her biracial. Both immigrated to the USA LEGALLY. I hope that clears up her heritage background. By the way, I’m Heinz 57 Hispanic born in NYC to NBC parents.

      So, should we have a Constitutional Amendment regarding the eligibility for positions of Cabinet members and judges? Should we have one SPECIFICALLY defining what it means to be Natural Born Citizen (NBC)? Perhaps they’d be good ideas. What do you think?

  8. Isn’t it time for a TRANSition?

    Assuming Ms. Harris is proposed to fill the vacancy, the Judiciary hearing should make for some interesting and entertaining viewing.

  9. How would this work exactly? Biden appoints her to the SCOTUS. All 50 Republican Senators do not vote to approve the nomination and all 48 Dems plus the 2 Indies vote to approve. That is a 50/50 tie and I am sure she would not be eligible to cast the deciding vote. In order to have be appointed whoever the new VP is would be the one to decide meaning she has to resign prior to being nominated. If just 1 Democrat Senator could be convinced not to approve her we would be rid of her as worthless VP and also not have her on the bench. Talk about killing around 16 birds with one stone. Convince Manchin to switch parties, promise the moon if you have to; maybe even VP on the next Presidential ticket..

  10. She could NEVER answer any questions on real problems.She failed the bar exam .She has failed as VP.She thinks her shet dont stink.and she do,s NOT play well with others.I think Hillaryt would stand a better chance even though she is a WHITE woman and a communist.

    1. Her record as California’s Attorney General was the opposite of stellar. She’s the one who charged David Daleiden with crimes for using the same investigative techniques on Planned Parenthood that reporters have used for years on other corporations.

  11. If this giggling worthless cognitively deficient individual receives the OK by our elected representatives and is appointed to the SCOTUS by our prevaricating, plagiarizing senile current president, it will just be one more indication that time is short for the viability of the USA as a nation !!

  12. The names of prospective SCOTUS nominees for Associate Justice will likely include Michelle Obama, along with those African American women with more traditional legal experience who are much younger than MRO. The lifetime appointment has its unique benefits. Remember that Hillary Rodham Clinton’s mother had a tizzy when Conservative Associate Justice Sandra Day O’Connor was appointed as the first female justice of the SCOTUS because she wanted her daughter to assume that role instead. Now in her late 70s, HRC is not likely to appear on Biden’s short list. Remember that President George H.W. Bush purposely appointed a very young Clarence Thomas to the high court, and President Biden will likely do the same for a female African American nominee in order to influence legal decisions for decades to come. I hope these hearings aren’t as nasty as the Thomas confirmation hearings were.

    1. The hearings don’t need to be nasty, but Senators, especially Republicans, must thoroughly inquire into the nominee’s understanding and acceptance of the Constitution and its underlying principles and vote accordingly. The Senators shouldn’t hold the opinion that “the President is entitled to his choices;” the Constitution was not meant to make the “advise and consent” procedure a rubber stamp. It was obvious during the recent vaccine mandate case that Justice Sotomayor is contemptuous of our individual rights. We shouldn’t accept any more such process failures.

  13. The problem is she is not qualified, which she clearly has proven with her failure in office. It would be nice if just to change things up a bit, they actually tried to find the most qualified lawyer, based on experience rather than gender or skin color. I know, too much to ask from the delusional party.

  14. I do not think she is qualified to hold the position. She has neither the intellectual rigor or extensive bench experience to impress anyone. No one in their right mind would vote to approve that nomination.

  15. Won’t happen. If she resigns, the one vote advantage Democrats enjoy is gone.
    Harris has demonstrated her Incompetence for the Nation to see. I don’t see public support for her as a SCOTUS Justice.

    1. Interesting thought. If Willie Brown’s’Ho resigns as VP and is nominated for Supreme Court, then the Senate is deadlocked. Once she resigns, Biden can nominate a VP (God help us if it is BJ Clinton’s wife). But once again Senate is deadlocked. Wonder how those nominations would be resolved? Could the ‘Ho stay at VP and vote for herself for SCOTUS? I am not smart enough to figure that out…
      Pray the 50 Republican Senators can stay united.
      Let’s Go Brandon

  16. What could only make the whole scenario worse, is if Killary were to replace her as VP (Vile Person). Then she’d only be one “Arkancide” bullet away from being president. My God, how this country has fallen!

    STAY WELL, SAFE, FREE & BRAVE!

  17. he forgot, once this SF ex-whore has to step down as illegal VP in order to break the tie, who will break the tie when the 2022 Senate is not a sure thing, may even be a flop. it may go against the demorats, with or without the filibuster.

  18. Biden will name Obama or Garland before Harris. I don’t believe any of the three understand the Constitution, but it is what it is.

    1. Garland is too old, male, and white, Obama MICHELLE is a possibility, but BRANDON can say one thing and do another, like he does daily. How about a LGBTQ on SCOTUS? Or a Mayor, or Law School President/Dean? Maya Moore of the WNBA?

  19. In order for Harris to be considered, she would have to resign as VP. With a 50/50 split in the Senate, it would be a serious conflict of interest for her to be the deciding vote in her nomination to the court. Then a new VP would have to be selected to replace here. That may not be easy either. Suppose she doesn’t get enough votes in the Senate for a 50/50 split with her replacement VP not being able to break a tie. It’s now like she will come back as VP and it would create even more chaos for the Socialist/Democrat party. It may also be a way to remove her from her current position, due to the fact that the left knows that Biden may be removed with Art.25 action, and they do now want her as President. So, who does Biden pick for VP and will that person be confirmed? Only 10 months till the mid-terms, this is going to get interesting.

    1. Somebody suggested appointing Mitt Romney VP as a compromise. That actually would be a win. However, Harris would be horrible on the Supreme Court. I’d rather see Romney there, even though it’s been years since he practiced law full-time. But it is more likely Mr. Biden will leave Ms, Harris in place to cast the deciding vote for a full-bore communist black woman – someone just barely American enough to get past Senator Manchin.

  20. She is not Black, but an Islander and maybe part Black however she is not someone that grew up in poverty and fought her way to a successful position in life! She was mentored by a lover that was married to someone else and that is how she gained upward mobility.
    If she is nominated to as high a position as the Supreme Court it will not do anything for the Black Community to help them Overcome, and it will probably hurt them to have a privileged person like her to be placed in a position of authority!

      1. It’s also quite likely some of her ancestors were slaves. Do either circumstances disqualify her from her position?

  21. Putting this know nothing corrupt vageena on the court, equals NASA making me their lead astronaut. Hahaha, that’s absolutely hilarious.

  22. A Former Congresswoman from Hawaii by the name Tulse Gabert will be good replacement for Kamala Harris. I think she could be a good candidate for Vice President Position.

    1. Tulsi Gabbard actually looks pretty good compared to either Biden or Harris, but she’s no moderate. She has a lifetime ACU score of 7.63 out of 100. The last five years Mr. Biden was in the Senate, his average score was 3.0 out of 100.

  23. SCENARIO : Kamala Harris is picked to replace Breyer on the Supreme Court. They want a Young Black Female , then Biden replaces the fake VP with Hillary Clinton . Joe Biden has been deemed unfit for the Stolen Presidency, they pull the 25th Amendment and Biden steps down. Hillary Clinton steps into the President roll !
    The Evil Left has pulled many, many underhanded, illegal and unethical and criminal offenses, why wouldn’t this be their plan !!!

  24. There is a solution for all of these anti American politicians.
    Problem is, it will take more than one person acting and full trust among the group without FBI infiltration. The FBI are politicized and will turn in their own mothers to help advance the will of the left. A deck of 52 cards would be a good start.

  25. Speaker only takes over if the president and the v.p. are gone for whatever reasons! Speaker takes over temporarily until a election takes place! Pentagon can declare martial law and take over until a president is elected too.

  26. Kamala would make a big fool out of herself. She knows nothing about the constitution. I even wonder how she became a DA. You have to have a brain. I think the WH has figured out she don’t have one

  27. Oh Heck why not, it won’t make any difference, in fact it might be better, Breyer was an extreme left Liberal…you can stick Liberal Kamela on the court and it doesn’t change the liberal conservative balance…and in fact since Breyer actually WORKED and Kamela doesn’t like WORKING…might be better for all of us, since she will do NOTHING on the Supreme Court just like she has done NOTHING since she was Border Czar….

  28. Come on man. These are Democrats. Harris is stupid, granted, but Biden’s choice will be Whoopi Goldberg. He needs someone dumber than him.

  29. Have we already forgotten Michelle Obama? She would probably say it’s too much work, she isn’t that big of a masochist, and as a “lifetime” career, she’s happy where she’s at. But seriously, she would be difficult for the Dem’s to say “no” to.

  30. She might get the nomination to get her out of the White House, but I doubt she’d get confirmed by the Senate. She would serve the country and partly best by starting a new cookie factory.

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