SURPRISE, SURPRISE! Biden Doesn't Think Trump Should Be Able To Select A New SCOTUS Justice Before The Election
- 20.5K Views
The left-right battle over the next Supreme Court justice has officially begun with the passing of Associate Justice Ruth Bader Ginsburg on Friday after a losing battle with pancreatic cancer.
And if you thought that the fight over Justice Brett Kavanaugh was ugly, unseemly, disgusting, and contentious…you were right. But that fight is nothing compared to what’s coming.
In fact, some are already wondering if the country, as divided as we are, can survive. More on that in a moment.
The very first thing the death of Ginsburg (so close to a presidential election) generated was a heaping pickup truck-full of political hypocrisy.
Oh, and media lies. Those, too, have begun.
Shortly after news of Ginsburg’s death broke, someone in the Joe Biden camp rustled up the former vice president from wherever it was he was napping and told him he’s got to go out and make a statement (that someone had already prepared for him, no doubt).
In a video posted on Twitter, Biden said what most seasoned political observers would expect him to say: President Trump should wait until after the election.
“Let me be clear,” Biden says, stammering a bit, “that the voters should pick the president, and the president should pick the justice for the Senate to consider. This was the position the Republican Senate took in 2016 when there were almost 10 months to go before the election. That’s the position the Senate must take today” with the election just, Friday even, just 46 days away.
Biden went on to say he believes that the fastest a Supreme Court justice has ever been confirmed was “47 days” – but that’s wrong. Three of them have been confirmed in fewer than 45 days, and one of them was Ginsburg.
The Reuters tweet containing Biden’s video was misleading, too. Yes, Biden may have intimated that the next justice should be named after the election, but he didn’t actually say that. And besides, the process he laid out for choosing the next justice – an elected president currently serving with an elected Senate – has already been accomplished. President Trump was elected in 2016; the most recent Senate elections were in 2018.
So – what’s the problem?
Ah, right. That time Senate Majority Leader Mitch McConnell blocked U.S. District Judge Merrick Garland, President Obama’s last high court pick, from getting a vote, much less a Judiciary Committee hearing.
Yes, well, at the time, Senate Majority Leader Mitch McConnell (R-Ky.) refused to hold hearings for Merrick because the Senate and White House were controlled by different parties.
If one party held both the Senate and the White House, then he supports a confirmation process and vote at any time. And currently, Republicans control those institutions.
Plus, there are no constitutional time limits on confirming nominees; that’s why Garland never got a hearing.
Speaking of Obama, he, too, is saying what Biden is saying: No nomination until after the election (because we can’t give Trump three Supreme Court picks, right?), mostly because Ginsburg did not want Trump to be the president who names her successor.
But there’s a little problem with that: A dying justice doesn’t set the rules for his or her succession. And in 2016, Obama complained that Merrick should have gotten a vote as well during an election year.