Senate Republicans are signaling plans to block Kamala Harris from adding justices to the Supreme Court if she wins the presidency.
With Republicans seen as likely to regain the Senate this fall, Democrats might be locked out of appointing new justices even if Harris wins the high-stakes presidential race.
Democrats are fighting an uphill battle to retain narrow control of the Senate, as Republicans eye pickups in states like Montana, Ohio, and West Virginia.
Two senior Republicans, John Thune (Sd.) and John Cornyn (Tx.), both expressed skepticism of helping Harris in interviews with CNN.
“We’ll cross the bridge when we come to it,” Thune said. “But, you know, it probably depends on who it is and that’s the advantage of having a Republican Senate.”
Likewise, Texas senator Cornyn said he isn't likely to support Harris if she picks a radical liberal.
"If I’m in a position to make the decision, I’m not going to schedule a vote on some wild-eyed radical nominee, which I know she would love to nominate. But that would be my intention," he said.
The president nominates Supreme Court picks, who then have to be confirmed by the Senate. In recent years, confirmation battles have grown more contentious with America's deepening political divide.
The bench shifted rightward under President Trump, who appointed three justices, Amy Coney Barrett, Neil Gorsuch, and Brett Kavanaugh. Joe Biden confirmed a single justice, Ketanji Brown Jackson, but her appointment did not upset the court's 6-3 majority.
The conservative Supreme Court has been a powerful check on the agenda of the Biden-Harris administration, curtailing sweeping policies on everything from student loans to the environment.
Democrats have blasted the court as "extreme" and an extension of a Trump-led assault on "democracy." But the reforms Democrats have pushed, from term limits to court packing, have little chance of getting past Republicans who see the demands as politically motivated.
Senate Republicans haven't shied from obstructing Democrats' Supreme Court picks in the past. Democrats have never forgiven then-Senate majority Leader Mitch McConnell (R-Ky.) for blocking Barack Obama's pick to replace the late Antonin Scalia, Merrick Garland, in 2016.
Democrats still point to McConnell's move as a justification to pack the court.
McConnell announced his retirement from Senate leadership this year, setting the stage for Republicans to choose a new leader after the November elections.
