Biden has long opposed the court expansion proposal
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., 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.
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.
“The Constitution says the president shall nominate — not maybe he could, maybe he can’t — he shall nominate. Implicit in the Constitution is that the Senate will act on its constitutional responsibility and give its advice and consent,” Biden said. He added that, as Senate Judiciary chair, he presided over more high court nominations than any living person.
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