Ouch: Harris Embarrassed After Rebuffed Handshake; Not constitutional duty to “certify” anything

On January 6, 2025, the ceremonial swearing-in of United States senators produced a moment that quickly captured national attention. Vice President Kamala Harris, presiding over the Senate ceremonies for one of the final times in her tenure, extended her hand to Bruce Fischer, the husband of Nebraska Senator Deb Fischer, only to have the handshake plainly refused. The awkward exchange, combined with Harris’s claim of a “constitutional duty” to certify the 2024 election results, raised pointed questions about the actual scope of the vice president’s role and the political dynamics at play on one of the most significant days in the American democratic calendar.

The Swearing-In Ceremony and the Rebuffed Handshake

The incident took place during the one-on-one ceremonial swearing-in of senators with their families at the United States Capitol. Senator Deb Fischer of Nebraska was accompanied by her husband Bruce, who held the bible during the oath of office. Following the swearing-in, Harris congratulated Senator Fischer and shook her hand without incident.

Harris then turned to Bruce Fischer and extended her hand for a handshake. Bruce declined the opportunity, prompting Harris to quip, “I won’t bite.” Despite the lighthearted attempt to defuse the situation, Bruce Fischer kept his hands firmly in his pockets. Harris appeared visibly surprised and could only manage an awkward smile before moving on.

The moment was immediately noted by observers and media present in the chamber. Nebraska Senator Deb Fischer’s husband clearly wanted nothing to do with a handshake from the outgoing vice president, and his refusal spoke volumes about the political sentiments running through the Capitol that day.

Harris Claims “Constitutional Duty” to Certify Election Results

Adding to the day’s notable moments, Kamala Harris released a statement framing her role in the certification of the 2024 Electoral College results in sweeping constitutional terms. Harris declared: “Today, at the United States Capitol, I will perform my constitutional duty as Vice President of the United States to certify the results of the 2024 election. This duty is a sacred obligation, one I will uphold guided by love of country, loyalty to our Constitution and my unwavering faith in the American people.”

She continued with broader reflections on the state of American governance: “As we have seen, our democracy can be fragile and it is up to each one of us to stand up for our most cherished principles and to make sure that in America, our government always remains of the people, by the people, and for the people. May God bless you and may God bless the United States of America.”

The Constitutional Reality of the Vice President’s Role

Harris’s characterization of her role drew significant scrutiny. It is emphatically not the Vice President’s constitutional duty to “certify” anything related to the Electoral College results. The actual certification of the election is performed by Congress itself.

In fact, Congress enacted the Electoral Count Reform Act in 2022 specifically to clarify and define the role of the vice president in the certification process as purely ceremonial. The legislation was a direct response to debates over the scope of vice presidential authority during the January 6, 2021, joint session. Under the reformed law, the vice president’s function is limited to presiding over the session and announcing the results as counted by Congress. The vice president holds no independent power to accept, reject, or otherwise adjudicate the Electoral College votes.

Harris’s framing of the role as a “sacred obligation” and “constitutional duty” therefore overstated the actual legal and constitutional significance of her position in the proceedings. The boxes containing the Electoral College certificates were transported to the U.S. House Chamber for the Joint Session of Congress, where Harris and Speaker Mike Johnson presided together over the formal counting and announcement of the results.

CNN Reports Harris “Steeling Herself” for the Moment

The political weight of the occasion was underscored by reporting from CNN. Anchor Dana Bash revealed that she had been told by “a source familiar with [Kamala Harris’s] thinking” that Harris was “steeling herself for this moment where she is going to be presiding over her own loss.”

The detail highlighted the unusual nature of the situation: a defeated presidential candidate being required to preside over the official counting of the very election she lost. While Al Gore faced a similar situation in January 2001, the circumstances in 2025 carried their own distinct political charge, given the intense divisions of the preceding campaign and the broader national debate over election integrity and democratic norms.

The Broader Political Context

The events of January 6, 2025, stood in stark contrast to the tumultuous events exactly four years earlier, when the certification of the 2020 election was disrupted at the Capitol. The 2025 proceedings were orderly, but they carried undeniable tension. The rebuffed handshake from Bruce Fischer symbolized the deep personal and political divides that persisted even in the ceremonial setting of the Senate chamber.

Harris’s decision to cast her role in grand constitutional language, despite the 2022 reform explicitly limiting it, drew criticism from those who viewed it as an attempt to elevate a procedural role into something more significant. Supporters of Harris saw the statement as a dignified acknowledgment of the democratic process, while critics argued it misrepresented the actual law governing the vice president’s participation.

The Joint Session proceeded without disruption, with the Electoral College votes officially counted and the results formally announced by Harris and Speaker Johnson, confirming the outcome of the 2024 presidential election.

Additional Context

The January 6, 2025 proceedings marked a significant bookend to the turbulent political era surrounding presidential election certifications. The Electoral Count Reform Act of 2022, which was passed with bipartisan support, had been specifically designed to prevent future ambiguity about the vice president’s role. By establishing in law that the vice president’s function is strictly ministerial, Congress aimed to remove any possibility of a vice president claiming the authority to unilaterally influence the outcome of an election certification.

Harris’s statement, while framed in the language of duty and patriotism, stood in tension with the very law that had been passed during her time as vice president. The contrast between the language of “sacred obligation” and the statutory reality of a ceremonial role became one of the most discussed elements of the day’s events.

Key Takeaways

• Bruce Fischer, husband of Nebraska Senator Deb Fischer, publicly refused to shake Vice President Kamala Harris’s hand during the ceremonial swearing-in, putting his hands in his pockets despite Harris’s “I won’t bite” quip.
• Kamala Harris described presiding over the 2024 election certification as her “constitutional duty” and a “sacred obligation,” though the Electoral Count Reform Act of 2022 explicitly defines the vice president’s role as purely ceremonial.
• CNN reported that Harris was “steeling herself” for the moment of presiding over the certification of her own election loss.
• The Joint Session of Congress on January 6, 2025, proceeded in orderly fashion, with Harris and Speaker Mike Johnson presiding over the formal counting and announcement of the Electoral College results.
• The 2022 Electoral Count Reform Act was enacted specifically to clarify that the vice president holds no independent authority to accept, reject, or adjudicate Electoral College votes during the certification process.