With less than one month to go until Election Day, Kamala Harris finds herself in a tight race that could go either way. Everything matters at this point, from the cinematography of television ads in Arizona to the number of volunteers in Milwaukee to how Penn State does this season. There is one thing, however, that would improve Harris’ prospects both before and after Nov. 5: she should announce her first nominee for the Supreme Court.
It’s hard to pick the best moment of Harris’ campaign thus far, but nothing tops her excellent choice of Tim Walz for vice president. The American people got their first chance to see the kind of person Harris wanted in government, and they liked what they saw. Walz remains the most popular of the four candidates running for national office this year. Harris can and should double down on this success by introducing her first choice for the Supreme Court. Her designated nominee would be exceptionally well qualified and offer a wise and compassionate approach to constitutional interpretation.
Even beyond choosing a person the American people will admire, however, announcing her first Court nominee would shine the spotlight on the Supreme Court at a time when the radicalism and corruption of its Republican majority have made the Court widely unpopular. Donald Trump is, amazingly, more popular than the Supreme Court right now. Anything Harris can do to tie her opponent to the Court and its attack on abortion rights is politically advantageous.
Announcing her Court nominee would help Harris win the election, and it might help even more in her effort to govern. Harris may well face a narrow Republican majority in the Senate, and the last time a Democratic president tried to appoint a well-qualified nominee to the Supreme Court when facing a Republican Senate, the GOP stonewalled him for nearly a year and never even gave his nominee a hearing.
Announcing the nominee before Election Day could help Harris avoid the same fate. Susan Collins and Lisa Murkowski, the Republican senators most likely to break ranks to support a Democratic nominee, would no doubt feel pressure to accede to a nominee who has already been put before the American people and received a favorable verdict. By announcing her nominee ahead of the election, Harris can, with a victory, endow that nominee with democratic legitimacy – with a mandate to be confirmed to the Court at the next available opportunity.
Who should Harris pick? The short answer is whomever she feels would be best for the job. Some obvious names include Chief Judge Sri Srinivasan or Judge Brad Garcia, both now serving on the U.S. Court of Appeals for the D.C. Circuit, Judge Julie Rikelman of the First Circuit Court of Appeals, or Solicitor General Elizabeth Prelogar. Rikelman, who before becoming an appellate judge argued the losing side of Dobbs before the Supreme Court, would focus America’s attention on abortion. Srinivasan would be well suited to build consensus as the top judge on the country’s second-most important court (as well as a judge confirmed to his current seat with 97 yes votes). Garcia, in his late 30s, and Prelogar, 44, would both be expected to serve three decades or more. Prelogar stands out as one of the most impressive advocates before the Court in living memory. Any one of these four, along with many others, would merit widespread support from the voters.
Some may argue this would be a break with precedent, or that it is for some reason inappropriate for a presidential nominee to announce their prospective Supreme Court pick ahead of time. How does she have time to vet any individual in the midst of a hectic campaign? I disagree. Many potential nominees have long, distinguished records, and Vice President Harris is well qualified to make a sound selection. In 2016, Trump told the country he would pick from a list of Federalist Society-approved judges, and he did just that. American voters deserve to know who their president would seek to put on the Court, and Harris should tell them. It’s good politics, it’s good government, and it’s good for America.
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