Given the stakes of this year’s election, and Trump’s unique willingness to disregard the legal constraints on his office, elevating Harris would send a dubious message.
Of course, Harris has been criticized on multiple occasions for fighting to keep people, including innocent ones, in prison. In the case of Daniel Larsen, an ex-felon sentenced to 27 years to life under California’s “three strikes” law, Harris argued “that even if Danny was innocent, his conviction should not be reversed because he waited too long to file his petition,” according to the California Innocence Project, which
took Larsen’s case. And while her trenchant opposition to decarceration of the state’s prisons does align with those stories, her role in attempting to subvert the authority of the country’s highest legal body, for the sole purpose of preventing the release of a number of low-risk prisoners, has gone largely unchallenged.
Her role in blocking the Supreme Court’s prison reduction order is deeply troubling on multiple counts. First, with the increased salience of criminal justice reform in the Black Lives Matter era, a forceful opponent of decarceration on the ticket hardly conveys that the Democratic Party is on the side of racial justice. Second, placing someone with a history of defying the Supreme Court on the Democratic ticket would significantly undermine Democratic nominee Joe Biden’s pledge to return to the pre-Trump era of governance, where the three branches of government are seen as coequal and the courts are respected.
Biden
plans to name his running mate next week. The importance of a vice-presidential pick is often overblown. There’s little reason to believe that it can influence the outcome of a presidential election one way or the other. But given the stakes of this year’s election, and Trump’s unique willingness to disregard the legal constraints on his office, elevating Harris would send a dubious message. And given Biden’s spoken commitment to serve just one term, Harris would immediately slot in as the most powerful VP in modern history, primed for a presidential run as a quasi-incumbent if Biden does win in November. It’s likely, too, given the age of liberal Supreme Court justices Ruth Bader Ginsburg and Stephen Breyer, both in their eighties, that a Biden administration and/or its successor will be in a position to appoint multiple judges.
Perhaps, if Harris had mounted a longer presidential campaign, these issues would have been raised on their own. But given her early departure, her record, in some senses, escaped a thorough vetting. In the time she’s transitioned from presidential hopeful to vice-presidential favorite, even some of her fiercest critics have changed their tune on her legacy. Last month, University of San Francisco law professor Lara Bazelon, who penned a much-talked-about 2019
New York Times op-ed titled “Kamala Harris Was Not a ‘Progressive Prosecutor,’” was quoted on
NPR saying, instead, that Harris “did champion progressive causes … her record has been consistent, and it’s been good.” But as Harris’s work in the
Plata case alone shows, that’s far from the truth. She has not only been a frequent enemy of progressive causes, but she’s opposed them in ways so dubious they threaten to undermine the very institutions in which she has served.
If Harris is to be picked as the second-highest-ranking executive officer in the land, it’s critical to have a full picture of her legacy as a lawyer and a politician. Joe Biden and the Democratic Party should be clearheaded about what message her elevation will send to the electorate about the party’s priorities.