CrimsonPhantom
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RE: Ginsburg Passes Away
Quote:Members of the press are aghast that Senate Judiciary Chairman Sen. Lindsey Graham has changed his position on Supreme Court vacancies.
Just wait until they find out Democratic nominee Joe Biden has pulled a 180 on this exact issue not once, but twice.
In 1992, during President George H.W. Bush's final year in office, then-Senator Biden said there needs to be a different standard for a Supreme Court vacancy “that would occur in the full throes of an election year.” Bush should not nominate a replacement, and the Democratic-controlled Senate should decline to consider any candidate offered up before Election Day, the Delaware lawmaker said.
“It would be our pragmatic conclusion that once the political season is underway, and it is, action on a Supreme Court nomination must be put off until after the election campaign is over,” said Biden, who chaired the Senate Judiciary Committee at the time. “That is what is fair to the nominee and essential to the process. Otherwise, it seems to me we will be in deep trouble as an institution.”
Later, in 2016, Biden adopted the opposite position.
“I know there is an argument that no nominee should be voted on in the last year of a presidency. But there is nothing in the Constitution — or our history — to support this view,” the then-vice president said in an op-ed for the New York Times. “Justice Anthony M. Kennedy was confirmed in the last year of Ronald Reagan’s second term. I know. I was chairman of the Judiciary Committee at the time. And we promptly gave him a hearing, a vote in committee and a full vote on the floor.”
“As I write this,” the op-ed, which was written amid the Obama administration's efforts during the 2016 election to put forward Judge Merrick Garland as a Supreme Court nominee, continues, “nearly all Republican senators have said that they will refuse to consider any nominee — sight unseen. At a time when we need to reduce the gridlock in our politics, this would extend Congress’s dysfunction to the Supreme Court — preventing it from functioning as our founders intended for a year and possibly longer.”
Later that same year, during an address at a Georgetown Law School event, Biden said, "I made it absolutely clear that I would go forward with a confirmation process as [Senate Judiciary] chairman, even a few months before a presidential election, if the nominee were chosen with the advice, and not merely the consent, of the Senate, just as the Constitution requires.”
But that was then. This is now. Justice Ruth Bader Ginsburg is dead and the Trump administration has a chance to put a third judge on the Supreme Court. Biden has re-adopted his 1992 position.
"Let me be clear,” said the Democratic nominee Friday night, “the voters should pick the president and the president should pick the justice for the Senate to consider.”
He added, “This was the position of Republican Senate took in 2016. When there were almost 10 months to go before the election. That's the position the United States Senate must take today."
Before her death, the late Supreme Court justice allegedly said that it is her “most fervent wish is that I will not be replaced until a new president is installed."
On Sunday, Biden called on the Senate to honor Ginsburg’s reported dying wish, saying, "As a nation, we should heed her final call to us, not as a personal service to her, but as a service to the country, our country, at a crossroads."
“There is so much at stake," he continued, adding that, “If [President Trump] wants to put forward a name now, the Senate should not act until after the American people select their next president, their next Congress, their next Senate. To jam this nomination through the Senate is just an exercise in raw political power. And I don’t believe the people of this nation will stand for it.”
Give it enough time and Biden will likely change his mind again on the exact issue of election-year Supreme Court vacancies. A politician changing his beliefs to ones that are more politically expedient? Shocking, I know.
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