CATCH-25: The Worst Part? The Democrats Can’t Use the 25th Amendment. “This is a problem for the Democrats. Kamala Harris is currently the tie-breaking vote in the Senate, and Republicans are only crossing over if Mitch McConnell supports a bill or if he realizes the Republicans will lose the fight anyway. He has a very tight grip on his caucus, and he can get his 50 votes whipped if he wants to make a stand. So far, he hasn’t had to. But there is a lot of power to be had in a 50-50 Senate with no tie-breaking vote, and he will take advantage of it. So, Kamala Harris becoming the President via the 25th Amendment means the Democrats lose their tie-breaking vote in the Senate, and without a 51st vote, there is no way for the Democrats to break a tie in the Senate in order to confirm a replacement Vice President. They are effectively stuck.”