Alan Dershowitz Smacks Down ‘Absurd’ Theory Kamala Harris Will Replace Breyer: ‘Can’t Vote to Confirm Herself’

Attorney Alan Dershowitz called any notion that Vice President Kamala Harris will be nominated to replace Associate Justice Stephen Breyer on the Supreme Court “absurd.”

News that Breyer will step down broke on Tuesday, although the long-serving jurist has not yet released a statement about it. President Joe Biden vowed on the campaign trail in 2020 that should he have the opportunity to nominate a justice, he would choose a Black woman.

Within moments of the revelation Breyer would soon be out, potential nominees were being floated online and on the networks. Harris’ name was instantly among them.

People on all sides of the political spectrum shared their respective hot takes about the vice president potentially joining the country’s highest court.

Straightforward from here.

June 30: Court overturns Roe.

July 1: Breyer resigns, says Court “needs aggressive progressive justices.”

July 4. Biden picks Harris for Court. Harris resigns as VP.

July 5. Biden picks Romney as VP, says national unity needed for the world crisis.

— Bill Kristol (@BillKristol) January 26, 2022

So after Fox News and right-wing media push a wild theory that Kamala Harris may be nominated to the Supreme Court, NBC News’ Peter Alexander asks Jen Psaki if there’s “any scenario” in which that happens.

Psaki says she won’t talk about SCOTUS until Breyer speaks out publicly. pic.twitter.com/0INDMgAoar

— Justin Baragona (@justinbaragona) January 26, 2022

Yes a black woman should fulfill Breyer SCOTUS seat and it should be Kamala Harris, and Stacy Abrams should become our VP.

— steven pasquale (@StevePasquale) January 26, 2022

Let’s not be naive—
Kamala Harris is clearly the ‘black woman’ Joe Biden is referring to in his promise to fill the Breyer #SCOTUS seat.

Question is—
Who are they planning for replacement as VP?

I’m hearing Hillary.

God help us.

— Tricia Flanagan (R-NJ) (@NewDayForNJ) January 26, 2022

Also don’t forget that by putting Harris in Breyer’s vacant seat, she (and therefore, he) would be making history yet again, in a way Dems, Black voters and other groups might find it difficult to effectively oppose. People like being there when history is made.

— Mike Jordan: The Michael Jordan of Atlanta (@MichaelBJordan) January 26, 2022

Actually, nominating VP Harris for Breyer’s seat is actually a solid idea.
Her poll #’s are what they are, folks. This would give her a tremendous (lifetime) role (far from a consolation prize); fits Biden promise of nominating a black woman; & allows Biden to change 2024 ticket

— A.J. Delgado (@AJDelgado13) January 26, 2022

Breyer will not retire midterm and this leak is coming from somebody in the White House who wants to use it as a test balloon to get rid of Kamala Harris.

The universe where Ketanji Brown Jackson doesn’t have this all but locked up is hard to imagine. That’s my final answer. https://t.co/JqJM93OGF1

— Elie Mystal (@ElieNYC) January 17, 2022

Dershowitz joined American Agenda on Newsmax TV with hosts Bob Sellers and Heather Childers, where derided those who have floated Harris as a replacement for Breyer.

Dershowitz said, “[Breyer] doesn’t want to be replaced by somebody who’s going to destroy his legacy of 30 years on the on the bench, so clearly he wants to be replaced by somebody who is similar to him in voting patterns.” He added:

Let’s be very clear that the notion that Kamala Harris will be nominated is absurd. It will not happen. First of all, there’s a question of whether or not she could be confirmed. Remember, she has to cast the deciding vote. If all the Republicans and all the Democrats stay together, it’ll be a 50/50 tie, and you can’t confirm a justice with a 50/50 tie, and Vice President Harris can’t vote to confirm herself. Now, you know there may be, there’s never been a situation like this, but there may be ways around that, but it will not happen.

Watch above, via Newsmax TV.