Joe Biden’s Presidency has been one failure after another.
Justice Stephen Breyer’s retirement gives Biden a chance to pick up a win for Democrats.
But an unexpected source just delivered Joe Biden some horrible news about the Supreme Court.
With the Senate split evenly 50-50 between Democrats and Republicans, Joe Biden is counting on Vice President Kamala Harris to cast the tie-breaking vote to confirm whichever radical socialist he nominates for the Supreme Court.
But it may not be so easy for Biden.
Harvard Law Professor and leading leftist legal scholar, Lawrence Tribe, wrote an article in 2020 arguing against Mike Pence casting the deciding vote on one of Donald Trump’s Supreme Court nominees.
According to Tribe, 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.
However, since the GOP Senate majority easily confirmed Barrett in the fall of 2020, Tribe’s legal analysis never came into play.
But now, with the Senate split 50/50, Democrats may need the Vice President to confirm Joe Biden’s radical nominee.
Philip Wegman of RealClearPolitics reached out to Tribe to see if he still agreed with his previous analysis.
Tribe confirmed that he did agree.
And he also declared that Kamala Harris could not cast the deciding vote to confirm Joe Biden’s Supreme Court nominee.
“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.”
Despite the fact that the Democrat Party uses Tribe as one of the top legal advisors, Joe Biden will likely ignore him on this advice.
In order to slow down confirming a radical left-wing activist to the Supreme Court, Republicans will have to use every tool at their disposal.
Political Animal News will keep you up-to-date on any new developments in this ongoing story.
