Posted 39 days ago
With the reversal of Republicans’ position on filling an election-year vacancy on the court, Biden has performed a rhetorical balancing act on when high court nominees should be considered in an election year.
In his Monday TV interview and in a speech Sunday, Biden argued that as many as 40 percent of voters could have cast ballots by the end of the confirmation hearing of whomever Trump picks as a nominee. Biden told Action 2 News “that's totally inconsistent with what the founders wanted” because the U. S. Constitution says “voters get to pick the president who gets to make the pick and the Senate gets to decide. We're in the middle of an election right now ... people are voting right now.”
However, the U. S. Constitution says nothing about the timing of confirmation votes and is silent on whether there should be no confirmation hearing right before a presidential election.
In June of 1992, while chairman of the Senate Judiciary Committee, Biden said President George H. W. Bush should not try to fill a high court vacancy when he was running for reelection. Decades later, when Biden was Obama’s vice president, Republicans said this so-called “Biden Rule” extended to any such vacancy in a presidential election year.
Biden then penned a New York Times op-... (Read more)