On Election Year SCOTUS Vacancies

His words emerged this week after he slammed President Donald Trump for nominating a candidate to fill the vacancy left by the demise of Justice Ruth Bader Ginsburg on Friday.

Biden said that the nomination should wait until after the election in 44 days.

Trump lashed out back at Biden Saturday night, calling on him to release his own list of potential nominees and accusing him of being afraid to ward off voters by releasing the names before the 3rd of November.

On Friday, shortly after Ginsburg’s demise as the political arguments about her replacement has started, Biden tweeted his opinion to Trump moving in to pick a nominee in the next 40-plus days.

‘Let me be clear: The voters should pick a President, and that President should select a successor to Justice Ginsburg,’ he wrote.

However, on few different occasions in 2016, he railed at Republicans for saying the same.

‘The president has the constitutional duty to nominate; the Senate has the constitutional obligation to provide advice and consent,’ he wrote op-ed on the subject.

‘It is written plainly in the Constitution that both presidents and senators swear an oath to uphold and defend.’

‘That’s why I was so surprised and saddened to see Republican leaders tell President Obama and me that they would not even consider a Supreme Court nominee this year,’ he added.

‘No meetings. No hearings. No votes. Nothing. It is an unprecedented act of obstruction. And it risks a stain on the legacy of all those complicit in carrying out this plan.’

Biden has already said that if a vacancy opens before summer in an election year, he believes the president has the right to pick potential nominees.

However, in the last few weeks, Biden thinks the nominations should be held off.

This has often been called the ‘Biden Rule’ after the then-Senator made a 1992 speech encouraging a Supreme Court vacancy to be pushed post-election.

‘So I called on the president to wait until after the election to submit a nomination if a sitting justice were to create a vacancy by retiring before November,’ he wrote.

Trump has slammed Biden for delaying his release of his own list of potential nominees, claiming that Biden did not want to take the risk of losing far-left voters if his list was too moderate or otherwise.

Trump claimed that if Biden released a list of names too moderate, he would lose ‘the entire East Coast’ and lose the election.

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