If Kamala Harris is elected president, she will make history as the fourth consecutive Democratic president with a law degree. Unlike her predecessors Joe Biden, Barack Obama, and Bill Clinton, who all entered politics early in their careers and had little legal experience, Harris has spent significant time in the legal field.
Harris’ background as a prosecutor has shaped her views on criminal justice and judicial nominations. This experience will likely influence her approach to legal and constitutional issues as president, focusing on practical solutions and outcomes rather than strict adherence to legal doctrine.
While Obama had a background in constitutional law, Harris is more of a “lawyer’s lawyer” who is surrounded by legal experts, including her husband, who is an entertainment lawyer. Her legal philosophy has been shaped by her work as a local prosecutor and California attorney general, where she prioritized practical decision-making and tough trade-offs.
Harris’ approach to the law aligns closely with retired Supreme Court Justice Stephen Breyer, who emphasized legal pragmatism over originalism. If elected, Harris is expected to nominate judges who share this pragmatic approach, which may clash with the hyper-originalist Supreme Court.
During her time on the Senate Judiciary Committee, Harris challenged Supreme Court nominees Brett Kavanaugh and Amy Coney Barrett on their originalist views. She emphasized the personal impact of judicial decisions on people’s lives, particularly in cases involving gun control and the Affordable Care Act.
Harris has also navigated First Amendment issues in her career, taking a restrictive view on free speech in certain cases. Her involvement in legislation requiring anti-abortion pregnancy centers to provide information on abortion services led to a legal challenge that ultimately struck down the law. She also faced criticism for charging the owners of Backpage.com with “pimping conspiracy,” a case that raised free speech concerns.
Despite criticism of her prosecutorial record, Harris pivoted to the left on sentencing reform as a senator. While some of her Democratic colleagues worked with the Trump administration on the First Step Act of 2018, Harris took a more liberal stance, arguing that the bill did not go far enough in reducing lengthy sentences.
Overall, Harris’s legal background and pragmatic approach to the law will shape her presidency if elected, with a focus on practical solutions and outcomes in the face of complex legal challenges.
