The spotlight comes as the prospect of President Kamala Harris facing off against a Republican-controlled Senate rises. 2024 competitioneven growing because of the GOP’s hopes of capturing the Senate voting improvement in a key Montana race.
The Republican-controlled chamber could block Harris’s nominees to fill his administration and courts with his legislative agenda. Top Senate Republicans told NBC News that he would need their signature to vote on any judicial nominee, including for the Supreme Court. And some Harris supporters worry that without a unified Congress, he will struggle to get much done legislatively.
“I sincerely believe that he needs to have both the House and the Senate to be able to do anything. Basically everything,” said Frankie Veltri, a 77-year-old retired voter in Goodyear, Ariz. “If he doesn’t have one or the other, if he focuses more on the Senate … he’s never going to get anything done that he says he’s going to do, and that’s , it will be the same old business. You know, ‘He made all these promises and didn’t keep them.’ I mean, that’s obvious from Biden.”
Sen. John Cornyn, R-Texas, a member of the Judiciary Committee who is running to become Senate GOP leader when Mitch McConnell retires later this year, said Harris “absolutely” should negotiate with his party on judicial and Supreme Court nominees if Republicans take control of the government. will be Senate – and don’t think they’ll get a vote.
“They will not be able to nominate the most radical people as in their current scenario. So if they want to get any airtime, they’re going to have to negotiate with us,” Cornyn told NBC News.
Even if Democrats have a strong year and sweep every state, the prospect of a divided Congress hangs over a possible Harris victory. To capture the Senate, Republicans need to pick up just two seats in heavily red states — Democratic-held West Virginia and Montana, where Democratic Sen. John Tester is trailing in most polls — and GOP-friendly Florida and Texas.
Under this divided government scenario, Harris would be the first president since 1989 without his party controlling both houses of Congress. Given the polarization between the two parties in recent decades, that would put him in uncharted waters, with no guarantee that any major judicial nominee, Cabinet pick or legislative item would receive a vote.
While a divided Congress requires bipartisan negotiations on bills to pass, such as funding the government and authorizing the Pentagon, Harris’ other legislative work includes. Medicare drug price negotiations, fight against rising grocery prices and new investments apartment – would be at the mercy of the Republican Party, which aggressively criticized his views.
“There’s always a problem when you have this kind of divided government,” said Rep. Nanette Barragán, D-Calif.
He said a House takeover would at least help Democrats “set the agenda” for a Harris presidency. But, he added, “If we don’t have a Senate, that certainly creates a problem.”
Charlie Veltri, Frankie’s husband and an Arizona voter, predicted at the top of the ticket his belief that Harris would help turn out Democrats. But he said what happened in Montana, in what could be a climactic Senate race, affects everyone.
“I think [Democratic Sen.] Jon Tester and the battle he went through and some other people. It’s not enough to just have Reuben [Gallego, the Democratic congressman and Arizona Senate nominee] the winner We have to have the rest of them because if we don’t, we don’t control the Senate,” he said. “Winning the presidency alone is not enough. He should at least control the Senate.”
It is unclear when another vacancy will occur on the Supreme Court. But history suggests Harris will get at least one — the last president to get no new justice was Jimmy Carter. If it’s a GOP-led Senate, Republicans will control the floor of the vote.
“Especially with the judiciary, because we have confirmation power, I think they’re going to have to think long and hard about who they’re going to introduce and whether they’re going to clear them through the Senate,” said Senate Minority Whip John Thune, RS.D., who is a candidate for leadership.
Sen. Chuck Grassley, R-Iowa, will have the seniority to be the next Judiciary Committee chairman and has said he intends to run for the post if Republicans win control. He declined to say how he would handle selections for judges and justices in a potential Harris administration.
“I’m not going to predict doom and gloom, but needless to say it’s going to be more difficult,” said Sen. Richard Blumenthal, D-Conn., a member of the Judiciary Committee in the Republican-led Senate.
Asked if he was worried about a repeat of Merrick Garland in 2016, when the GOP Senate refused to vote on President Barack Obama’s nominee, Blumenthal said, “I’m worried about it, but there’s a limit to how irresponsible they can be.”
Sen. Sheldon Whitehouse, D-R.I., another member of the Judiciary Committee, said, “I don’t know if they’re going to confirm any of them, but they’re going to make it difficult for him.”
A Harris campaign spokesman declined to comment when asked about the importance of the Senate, the prospect of divided government and how he would try to work with Republicans if they take control.
Maricopa, Arizona, City Councilman Henry Wade said he is “confident but concerned” about the prospects for Democrats to hold the Senate.
“I think they can do it. … I know I’m working hard, meeting people, talking and giving signs,” he said. “We will see what happens. I will continue to do my job.”
Louis Olivas, a professor emeritus in Tempe, Arizona, acknowledged that Republicans could “potentially” block Harris’ Supreme Court nominees if they take them up in the Senate. But he said he was “not at all worried” about them being stonewalled because “he’s a great negotiator”.
“They’re not going to shut it down for four years,” Olivas said
Sahil Kapoor reported from Washington and Alex Tabet reported from Phoenix.