What if Harris Becomes President but Faces a GOP-Controlled Senate? Her Supporters Are Worried.
A Republican-controlled Senate has the potential to obstruct Cabinet and Supreme Court nominations, in addition to stalled legislation.
TroibNews 
Should Kamala Harris win in November, her administration could start in a uniquely challenging position not seen in decades, and her allies are increasingly concerned about how to navigate this.
Democrats close to the vice president are growing anxious that Republicans might take control of the Senate next month, even if Harris secures the presidency. This outcome would make her the first president since George H.W. Bush to begin her term without a majority in the Senate.
These fears have led to a surge of post-election planning throughout the Democratic Party, as reported by several advisers and allies, even while Harris is engaged in a tightly contested race with less than three weeks remaining.
Allies of Harris are exploring innovative approaches to form a Cabinet if a Republican-controlled Senate declines to confirm her selections. Ideas include extending the tenure of current Biden officials, appointing a group of acting secretaries, or, in one unlikely scenario circulating in Democratic circles, pushing some nominees through before Harris takes office officially.
Others are strategizing over potential legislative conflicts arising in 2025 concerning tax policy and government funding, discussing which of Harris’ key policy goals can be integrated into essential legislation and the compromises required to secure them.
A Republican-dominated Senate would create immediate hurdles for Harris, limiting her personnel choices, narrowing her policy agenda, and restricting her influence over any Supreme Court vacancies. With few established relationships with Senate Republicans, there are concerns that she would need to invest her crucial initial days searching for bipartisan support.
"No matter what, I think it's going to be a very difficult time for the next two years if the scenario is Harris wins the presidency but loses the Senate," said former Republican Sen. Chuck Hagel, who has endorsed Harris. "I suspect that she will have some Republicans who will work with her. I don't think that will be the majority or anywhere near it in the Republican caucus."
Harris’ transition planning is already behind schedule due to her late entry into the race. In contrast to past presidential transitions, which have often commenced work up to six months before Election Day, Harris only solidified her nomination in the past three months.
Given the historically unusual scenario she may face, rapid planning becomes essential to equip her with a clear strategy that can counteract staunch Republican opposition while minimizing potential infighting among Democrats over policy and staffing that could jeopardize her limited chance for action.
Advisers suggest that her early presidency will necessitate a more moderate, compromise-focused leadership and legislative agenda during a split government phase, while also remaining cognizant of areas where she believes she can advance the Biden administration's initiatives, such as health care, tax reform, and housing.
“There’s a lot of balancing act here,” noted one outside adviser about narrowing Harris’ broad campaign platform to a more practical agenda. “But that means she has to pick and choose amongst her children. And children don’t like to be left out.”
Harris' spokespeople did not comment on transition plans, but campaign aides highlighted efforts aimed at mitigating a potential Republican-controlled Senate. The campaign has thus far allocated nearly $25 million to the Democratic Senatorial Campaign Committee and other organizations focused on supporting down-ballot Democrats.
“Vice President Harris is working hard to help Democrats win key Senate and House races so we can have a coalition ready on day one to take action to lower costs for the American people, protect reproductive freedom, and other key priorities,” said Mia Ehrenberg, a campaign spokesperson.
Since George H.W. Bush's election in 1988, no president has entered office without their party controlling the Senate. The last time a Democrat won the White House while facing a Republican Senate was during Grover Cleveland's first election in 1884.
Currently, few expect that Harris would have significant leeway in appointing her administration or advancing her objectives with Republican senators motivated to oppose her agenda at every chance.
Hagel, who served as Defense Secretary during the Obama administration, expressed hope that Donald Trump's influence over the GOP might wane if he loses again. However, he remained skeptical that this would ease Harris’ presidency.
"There will be, certainly, a right-wing group of Republicans — I don't know how many — who will essentially block everything that she tries to do," said Hagel, currently involved in veterans issues as chair of the Veterans Justice Commission at the Council on Criminal Justice.
Democrats, both within Harris’ circle and beyond, are contemplating various strategies for staffing her administration despite GOP resistance, such as retaining some senior Biden officials in their roles. Cabinet members usually offer their resignations at the close of an administration, yet their Senate confirmations remain in effect, suggesting a possible advantage for a Harris administration. She could also elevate certain aides to Cabinet positions temporarily without Senate confirmation, allowing them to serve as acting secretaries for an extended period before having to undergo a vote.
Some are proposing a more audacious plan: requesting President Biden to nominate some of Harris’ candidates during the post-election lame-duck session, enabling Democrats to rush these nominations through Senate confirmation before losing control of the chamber on January 3, 2025.
However, Harris' advisers have downplayed the feasibility of this option, citing logistical challenges and concerns that such a preemptive action could damage any remaining bipartisan goodwill.
Instead, Harris is expected to take a more measured approach to building her team, depending on Biden aides willing to remain in their roles to oversee her administration while her nominees navigate the confirmation process. In 2021, Biden had most of his Cabinet positions filled by March; however, Harris may take significantly longer to establish her own team.
“There’s not going to be the rush necessarily to get your team in place because this is partly her team,” remarked former Sen. Doug Jones, although he conveyed confidence that Democrats could still retain the Senate. “She can get her administration up and running seamlessly without having to put forth a single name.”
In certain instances, new nominees are likely to be more centrist to secure a few Republican votes, as advisers and allies recognize. Former lawmakers and seasoned congressional staffers become more attractive for cabinet appointments due to their connections on Capitol Hill. It is also anticipated that at least one nominee will face difficulties getting through, as over two-thirds of the tie-breaking votes Harris has cast as vice president have related to confirming political appointees.
Despite concerns over personnel, most Democrats engaged in transition discussions emphasize that Harris must conserve her political capital for a series of crucial legislative battles in her early months, which include major tax policy legislation, government funding deadlines, and potential debt ceiling disputes that could endanger the economy.
These must-pass bills have reduced the typical fears associated with split government preventing any progress. Democrats anticipate the need to refine her priorities to manage party expectations and prevent contention among interest groups.
This likely results in setting aside some of the higher aspirations that have energized Democratic voters, such as codifying Roe v. Wade, which requires 51 votes to eliminate the filibuster. There are also significant, unresolved concerns regarding Harris' capacity to appoint a Supreme Court nominee should Republicans withhold a hearing.
"Once you start going up the chain with judges it gets tougher and tougher," noted Jones. "I think the timing is going to be interesting if there is a Supreme Court pick."
Allies of Harris have concentrated on expanding the Child Tax Credit and extending generous Obamacare subsidies as attainable objectives for her first term, along with advocating for other child care investments that may find some Republican support in exchange for preserving parts of the Trump-era tax cuts set to expire next year.
Many of these allies also highlighted the importance of pushing for a separate bipartisan package echoing the infrastructure law passed in Biden's first year, identifying housing as a feasible area where Harris could pursue 60 votes for a bill laden with incentives for developers to enhance housing availability and increased assistance for renters and homebuyers.
“If the margins are close, then the administration has a lot of juice for those things,” said another Democrat involved in policy planning, adding that there is hope some Republicans could support widely popular initiatives such as limiting insulin prices.
Nevertheless, Harris' allies acknowledged that achieving these goals will necessitate concerted outreach and relationship-building with the few moderate Republicans who suddenly wield significant influence, like Sens. Susan Collins of Maine and Lisa Murkowski of Alaska. They consider the rapport Harris cultivated on the Senate Intelligence Committee and the dinners she hosted with GOP women in the Senate as models of effective engagement.
Some also believe that her attempts to reach out to Republicans during the campaign — which included rallying with former Rep. Liz Cheney and committing to appoint a Republican to her Cabinet — may prove advantageous for governance.
However, there are limitations. Neither Murkowski nor Collins has openly endorsed or praised Harris’ candidacy. A critical aspect will be Harris’ relationship with whoever becomes the Senate majority leader, who controls what nominations or legislation are presented for a vote.
Harris currently lacks a notable connection with one of the leading candidates for that role, Sen. John Thune of South Dakota. Though she has collaborated with Sen. John Cornyn of Texas on some Senate committees, this cooperation has not softened Cornyn’s recent critiques regarding Harris' immigration work.
Still, Harris' allies remain hopeful about a post-Trump division within the GOP that might draw some Republican senators toward the center or at least prompt them to recognize the political benefits of engaging with a Harris administration.
“The task ahead is to win, and then see what happens,” stated Jim Kessler, executive vice president for policy at the centrist Democratic think tank Third Way. “You’ve got all these members that spent $60 million and fought like hell to get there, and they’re going to say eventually, ‘I want to do something. I want to get something done.’”
Debra A Smith contributed to this report for TROIB News
Democrats close to the vice president are growing anxious that Republicans might take control of the Senate next month, even if Harris secures the presidency. This outcome would make her the first president since George H.W. Bush to begin her term without a majority in the Senate.
These fears have led to a surge of post-election planning throughout the Democratic Party, as reported by several advisers and allies, even while Harris is engaged in a tightly contested race with less than three weeks remaining.
Allies of Harris are exploring innovative approaches to form a Cabinet if a Republican-controlled Senate declines to confirm her selections. Ideas include extending the tenure of current Biden officials, appointing a group of acting secretaries, or, in one unlikely scenario circulating in Democratic circles, pushing some nominees through before Harris takes office officially.
Others are strategizing over potential legislative conflicts arising in 2025 concerning tax policy and government funding, discussing which of Harris’ key policy goals can be integrated into essential legislation and the compromises required to secure them.
A Republican-dominated Senate would create immediate hurdles for Harris, limiting her personnel choices, narrowing her policy agenda, and restricting her influence over any Supreme Court vacancies. With few established relationships with Senate Republicans, there are concerns that she would need to invest her crucial initial days searching for bipartisan support.
"No matter what, I think it's going to be a very difficult time for the next two years if the scenario is Harris wins the presidency but loses the Senate," said former Republican Sen. Chuck Hagel, who has endorsed Harris. "I suspect that she will have some Republicans who will work with her. I don't think that will be the majority or anywhere near it in the Republican caucus."
Harris’ transition planning is already behind schedule due to her late entry into the race. In contrast to past presidential transitions, which have often commenced work up to six months before Election Day, Harris only solidified her nomination in the past three months.
Given the historically unusual scenario she may face, rapid planning becomes essential to equip her with a clear strategy that can counteract staunch Republican opposition while minimizing potential infighting among Democrats over policy and staffing that could jeopardize her limited chance for action.
Advisers suggest that her early presidency will necessitate a more moderate, compromise-focused leadership and legislative agenda during a split government phase, while also remaining cognizant of areas where she believes she can advance the Biden administration's initiatives, such as health care, tax reform, and housing.
“There’s a lot of balancing act here,” noted one outside adviser about narrowing Harris’ broad campaign platform to a more practical agenda. “But that means she has to pick and choose amongst her children. And children don’t like to be left out.”
Harris' spokespeople did not comment on transition plans, but campaign aides highlighted efforts aimed at mitigating a potential Republican-controlled Senate. The campaign has thus far allocated nearly $25 million to the Democratic Senatorial Campaign Committee and other organizations focused on supporting down-ballot Democrats.
“Vice President Harris is working hard to help Democrats win key Senate and House races so we can have a coalition ready on day one to take action to lower costs for the American people, protect reproductive freedom, and other key priorities,” said Mia Ehrenberg, a campaign spokesperson.
Since George H.W. Bush's election in 1988, no president has entered office without their party controlling the Senate. The last time a Democrat won the White House while facing a Republican Senate was during Grover Cleveland's first election in 1884.
Currently, few expect that Harris would have significant leeway in appointing her administration or advancing her objectives with Republican senators motivated to oppose her agenda at every chance.
Hagel, who served as Defense Secretary during the Obama administration, expressed hope that Donald Trump's influence over the GOP might wane if he loses again. However, he remained skeptical that this would ease Harris’ presidency.
"There will be, certainly, a right-wing group of Republicans — I don't know how many — who will essentially block everything that she tries to do," said Hagel, currently involved in veterans issues as chair of the Veterans Justice Commission at the Council on Criminal Justice.
Democrats, both within Harris’ circle and beyond, are contemplating various strategies for staffing her administration despite GOP resistance, such as retaining some senior Biden officials in their roles. Cabinet members usually offer their resignations at the close of an administration, yet their Senate confirmations remain in effect, suggesting a possible advantage for a Harris administration. She could also elevate certain aides to Cabinet positions temporarily without Senate confirmation, allowing them to serve as acting secretaries for an extended period before having to undergo a vote.
Some are proposing a more audacious plan: requesting President Biden to nominate some of Harris’ candidates during the post-election lame-duck session, enabling Democrats to rush these nominations through Senate confirmation before losing control of the chamber on January 3, 2025.
However, Harris' advisers have downplayed the feasibility of this option, citing logistical challenges and concerns that such a preemptive action could damage any remaining bipartisan goodwill.
Instead, Harris is expected to take a more measured approach to building her team, depending on Biden aides willing to remain in their roles to oversee her administration while her nominees navigate the confirmation process. In 2021, Biden had most of his Cabinet positions filled by March; however, Harris may take significantly longer to establish her own team.
“There’s not going to be the rush necessarily to get your team in place because this is partly her team,” remarked former Sen. Doug Jones, although he conveyed confidence that Democrats could still retain the Senate. “She can get her administration up and running seamlessly without having to put forth a single name.”
In certain instances, new nominees are likely to be more centrist to secure a few Republican votes, as advisers and allies recognize. Former lawmakers and seasoned congressional staffers become more attractive for cabinet appointments due to their connections on Capitol Hill. It is also anticipated that at least one nominee will face difficulties getting through, as over two-thirds of the tie-breaking votes Harris has cast as vice president have related to confirming political appointees.
Despite concerns over personnel, most Democrats engaged in transition discussions emphasize that Harris must conserve her political capital for a series of crucial legislative battles in her early months, which include major tax policy legislation, government funding deadlines, and potential debt ceiling disputes that could endanger the economy.
These must-pass bills have reduced the typical fears associated with split government preventing any progress. Democrats anticipate the need to refine her priorities to manage party expectations and prevent contention among interest groups.
This likely results in setting aside some of the higher aspirations that have energized Democratic voters, such as codifying Roe v. Wade, which requires 51 votes to eliminate the filibuster. There are also significant, unresolved concerns regarding Harris' capacity to appoint a Supreme Court nominee should Republicans withhold a hearing.
"Once you start going up the chain with judges it gets tougher and tougher," noted Jones. "I think the timing is going to be interesting if there is a Supreme Court pick."
Allies of Harris have concentrated on expanding the Child Tax Credit and extending generous Obamacare subsidies as attainable objectives for her first term, along with advocating for other child care investments that may find some Republican support in exchange for preserving parts of the Trump-era tax cuts set to expire next year.
Many of these allies also highlighted the importance of pushing for a separate bipartisan package echoing the infrastructure law passed in Biden's first year, identifying housing as a feasible area where Harris could pursue 60 votes for a bill laden with incentives for developers to enhance housing availability and increased assistance for renters and homebuyers.
“If the margins are close, then the administration has a lot of juice for those things,” said another Democrat involved in policy planning, adding that there is hope some Republicans could support widely popular initiatives such as limiting insulin prices.
Nevertheless, Harris' allies acknowledged that achieving these goals will necessitate concerted outreach and relationship-building with the few moderate Republicans who suddenly wield significant influence, like Sens. Susan Collins of Maine and Lisa Murkowski of Alaska. They consider the rapport Harris cultivated on the Senate Intelligence Committee and the dinners she hosted with GOP women in the Senate as models of effective engagement.
Some also believe that her attempts to reach out to Republicans during the campaign — which included rallying with former Rep. Liz Cheney and committing to appoint a Republican to her Cabinet — may prove advantageous for governance.
However, there are limitations. Neither Murkowski nor Collins has openly endorsed or praised Harris’ candidacy. A critical aspect will be Harris’ relationship with whoever becomes the Senate majority leader, who controls what nominations or legislation are presented for a vote.
Harris currently lacks a notable connection with one of the leading candidates for that role, Sen. John Thune of South Dakota. Though she has collaborated with Sen. John Cornyn of Texas on some Senate committees, this cooperation has not softened Cornyn’s recent critiques regarding Harris' immigration work.
Still, Harris' allies remain hopeful about a post-Trump division within the GOP that might draw some Republican senators toward the center or at least prompt them to recognize the political benefits of engaging with a Harris administration.
“The task ahead is to win, and then see what happens,” stated Jim Kessler, executive vice president for policy at the centrist Democratic think tank Third Way. “You’ve got all these members that spent $60 million and fought like hell to get there, and they’re going to say eventually, ‘I want to do something. I want to get something done.’”
Debra A Smith contributed to this report for TROIB News
