Harris may win the presidency however lose the Senate, giving Republicans a veto over her agenda and judges

The prospect of a President Kamala Harris dealing with down a Republican-controlled Senate is coming into focus as she rises in the 2024 contest, at the same time as GOP hopes of capturing the Senate develop due to improving polling in a pivotal Montana race.

A Republican-controlled chamber may thwart Harris’ nominees to fill out her administration and the courts, alongside together with her legislative agenda. High Senate Republicans advised NBC Information she would wish their sign-off to safe votes on any judicial nominees, together with for the Supreme Court docket. And a few Harris supporters fear that and not using a united Congress, she would wrestle to get a lot executed legislatively.

“I truthfully imagine she has to have each the Home and the Senate to ensure that her to have the ability to get something executed. Something in any respect,” stated Frankie Veltri, a retired 77-year-old voter in Goodyear, Arizona. “And if she doesn’t have one or the opposite, placing extra emphasis on the Senate … she is going to by no means have the ability to do something that she stated she would do, after which it is going to be the identical outdated grind. , ‘She made all these guarantees and she or he didn’t do them.’ I imply, that’s evident with Biden.”

Sen. John Cornyn, R-Texas, a Judiciary Committee member who’s working to be Senate GOP chief when Mitch McConnell retires after this 12 months, stated Harris would “completely” have to barter judicial and Supreme Court docket nominees along with his celebration if Republicans management the Senate — and never assume they might get votes.

“They’re not going to have the ability to nominate probably the most radical individuals like they might underneath their present situation. So if they need them to get any ground time, they must enter right into a negotiation with us,” Cornyn advised NBC Information in an interview.

The prospect of a cut up Congress looms over a attainable Harris win even when Democrats have a robust 12 months and sweep each swing state. To seize the Senate, Republicans must flip simply two seats in solidly pink states — West Virginia, which Democrats have conceded, and Montana, the place Democratic Sen. Jon Tester trails in most polls — whereas holding seats in GOP-friendly Florida and Texas.

Below that divided-government situation, Harris could be the primary president since 1989 to enter workplace with out her celebration controlling each chambers of Congress. It might put her in uncharted waters given the polarization between the 2 events in current many years, with no assure that any main judicial nominees, Cupboard picks or legislative gadgets would get a vote.

Whereas a cut up Congress would require the 2 events to barter on must-pass payments like funding the federal government and authorizing the Pentagon, Harris’ different legislative pursuits — together with Medicare drug price negotiations, cracking down on grocery price gouging and new investments in housing — could be on the mercy of a Republican Social gathering that has aggressively criticized her concepts.

“It’s at all times a problem whenever you’ve acquired divided authorities like that,” stated Rep. Nanette Barragán, D-Calif.

She stated capturing the Home would at the very least assist Democrats “set the agenda” for a Harris presidency. However, she added, “it undoubtedly poses a problem if we don’t have the Senate.”

Charlie Veltri, the husband of Frankie and an Arizona voter, projected confidence that Harris on the prime of the ticket will assist Democrats down the poll. However he stated what occurs in Montana, which could possibly be the tipping-point Senate race, impacts everybody.

“I take into consideration [Democratic Sen.] Jon Tester and the struggle he’s going by means of, and a number of the different individuals. And it’s not sufficient simply to have Ruben [Gallego, the Democratic congressman and Arizona Senate nominee] win. We’ve acquired to have the remainder of them, as a result of if we don’t, we don’t management the Senate,” he stated. “It’s not sufficient simply to win the presidency. She’s acquired to have management of the Senate, on the very minimal.”

On the Supreme Court docket, it’s unclear when one other emptiness will happen. However historical past suggests Harris would get at the very least one — the final president who didn’t get any new justices was Jimmy Carter. And if it’s a GOP-led Senate, Republicans would management a ground vote.

“Notably with the judiciary, as a result of we’ve got the facility of affirmation, I feel they’re going to must suppose lengthy and laborious about who they submit and whether or not or not they suppose they might get them cleared by means of the Senate,” stated Senate Minority Whip John Thune, R-S.D., who can be working for chief.

Sen. Chuck Grassley, R-Iowa, would have seniority to be the subsequent Judiciary Committee chair and stated he intends to say the place if Republicans win management. He declined to say how he would deal with picks for judges and justices in a possible Harris administration.

“I’m not going to presume doom and gloom, however evidently it’ll be tougher” to verify judges in a Republican-led Senate, stated Sen. Richard Blumenthal, D-Conn., a Judiciary Committee member.

Requested if he worries a couple of repeat of Merrick Garland in 2016, when a GOP Senate refused to provide President Barack Obama’s nominee a vote, Blumenthal stated, “I fear about it, however there’s a restrict to how irresponsible they are often.”

Sen. Sheldon Whitehouse, D-R.I., one other Judiciary Committee member, stated, “I don’t know that they’d affirm none, however they’d definitely make it an impediment course for her.”

A Harris marketing campaign spokesman declined to remark when requested concerning the significance of the Senate, the prospect of divided authorities and the way she would search to work with Republicans in the event that they win management.

Henry Wade, a Maricopa, Arizona, Metropolis Council member, stated he’s “assured however involved” about Democrats’ prospects of holding the Senate.

“I feel that they will do it. … I do know I’m out working laborious, canvassing and speaking to individuals and passing out indicators,” he stated. “We’ll see what occurs. I’m going to maintain doing my half.”

Louis Olivas, a retired professor in Tempe, Arizona, acknowledged that Republicans may “doubtlessly” cease Harris’ Supreme Court docket nominees in the event that they took the Senate. However he stated he’s “not frightened in any respect” about them stonewalling, as a result of “she’s a fantastic negotiator.”

“They’re not going to close her down for 4 years,” Olivas stated

Sahil Kapur reported from Washington and Alex Tabet from Phoenix.