New Headline: Biden, Senate Democrats Can Replace Justice Stephen Breyer on Party Lines

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16. Yes. It ignores the fact that the VP can break a tie on a motion to discharge.

In fact, Harris already has done so on more than one occasion.

The way it works: if there is a tie in the Judiciary Committee, the Committee Chair can transmit a notice regarding that fact to the Secretary of the Senate for publication in the Congressional Record. After that, the Majority Leader can call for a vote on a discharge petition. And if that ends up a tie, the VP can break the tie.

FROM S. Res. 27:

after such notice of a tie vote has been transmitted, the Majority Leader or the Minor- ity Leader may, only after consultation with the Chairman and Ranking Member of the com- mittee, make a motion to discharge such meas- ure or matter, and time for debate on such mo- tion shall be limited to 4 hours, to be equally divided between the two Leaders or their des- ignees, with no other motions, points of order, or amendments in order: Provided, That fol- lowing the use or yielding back of time, the Senate vote on the motion to discharge, without any intervening action, motion, or debate, and if agreed to, the measure or matter be placed immediately on the appropriate Calendar.


Here's a recent example of Harris breaking a tie on a discharge motion for a judicial nominee:
https://www.senate.gov/legislative/LIS/roll_call_votes/vote1171/vote_117_1_00462.htm