Even if Kamala Harris wins the presidency, there is a distinct possibility that the Senate might have a Republican majority of 51-49. This would be the first time a newly elected Democratic president faced a Republican Senate since Grover Cleveland was elected in 1884 and that was a very different time where the party labels signified different things from what they do now and members were not so rigid in their party allegiances.
So what challenges would Harris face in that eventuality?
Harris’ first task will be getting the Cabinet confirmed. This could require at least one Republican vote for each nominee, and that Republican might just ask for something in return. The most likely Republican crossover is Sen. Lisa Murkowski (R-AK). Unfortunately for Harris, her state’s biggest industry is oil and she might demand that Harris cut out all this talk of getting rid of fossil fuels as the price for her votes. Another possibility is Sen. Susan Collins (R-ME). Her state’s biggest industries are fishing, logging, and farming. That could prove easier, especially since she is up in 2026 and Murkowski is not. The Green New Deal does not threaten the profits of the lobster industry.
Since cabinet appointments never expire, Harris could keep any current secretaries indefinitely, and possibly move them to new posts. She could also appoint acting secretaries for a limited amount of time. A real Hail Mary play would be for Biden to appoint Harris’ choices in December and have the current Senate ram them through in a lame duck session, but that would really poison the well.


