1. Forum
  2. Usenet
  3. MISC.LEGAL.MODERATED

  • Harris as Breyer's Replacement?

    From Rick@21:1/5 to All on Wed Jan 26 22:52:25 2022
    With the expected pending announcement of Associate Justice Breyer's retirement, there has been some speculation that VP Harris could be
    nominated to the Court. This could lead to a situation where Harris might
    have to vote for her own nomination should the Senate split 50-50. Does
    anyone know if a situation like this has ever come up where a sitting VP
    cast the tiebreaker vote on their own nomination to another office? I
    can't recall this ever happening.

    More generally, has a sitting Senator has ever cast a vote for their own nomination to another office, such as Cabinet Secretary or federal court justice? As far as I can tell, nothing in the Senate rules would prevent
    this.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From John Levine@21:1/5 to All on Thu Jan 27 08:12:08 2022
    According to Rick <[email protected]>:
    With the expected pending announcement of Associate Justice Breyer's >retirement, there has been some speculation that VP Harris could be
    nominated to the Court.

    Not very informed speculation, but what the heck.

    More generally, has a sitting Senator has ever cast a vote for their own >nomination to another office, such as Cabinet Secretary or federal court >justice? As far as I can tell, nothing in the Senate rules would prevent >this.

    There have certainly been sitting senators appointed to the court such
    as Edward D White in 1894. In his case, the senate confirmed his
    nomination the day they received it so his vote is unlikely to have
    mattered.

    R's,
    John



    --
    Regards,
    John Levine, [email protected], Primary Perpetrator of "The Internet for Dummies",
    Please consider the environment before reading this e-mail. https://jl.ly

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Roy@21:1/5 to Rick on Thu Jan 27 08:12:53 2022
    On 1/26/2022 10:52 PM, Rick wrote:
    With the expected pending announcement of Associate Justice Breyer's retirement, there has been some speculation that VP Harris could be
    nominated to the Court.  This could lead to a situation where Harris
    might have to vote for her own nomination should the Senate split
    50-50.  Does anyone know if a situation like this has ever come up where
    a sitting VP cast the tiebreaker vote on their own nomination to another office?   I can't recall this ever happening.

    More generally, has a sitting Senator has ever cast a vote for their own nomination to another office, such as Cabinet Secretary or federal court justice?  As far as I can tell, nothing in the Senate rules would
    prevent this.

    Here is an article that covers the subject

    https://www.foxnews.com/politics/bidens-supreme-court-pick-kamala-harris-tie-breaking-vote-herself

    There is no rule preventing the VP or a senator from casting a vote for themselves.

    In general senators skip voting for themselves because it isn't
    necessary. The article says: "For example, Hillary Clinton refrained
    from voting on her 94-2 confirmation in 2009 to become secretary of
    state, and Jeff Sessions also voted present during his 2017 confirmation
    for attorney general when the margin was a tighter 51-47. "

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)