Between 2016 and 2020, Joe Biden has made a complete reversal on whether a president should nominate a Supreme Court justice in an election year.
In 2016, with a Democrat in office, Biden said it was ok. But with President Donald Trump in the White House, Biden now says the nomination should wait.
History lesson first
Throughout the history of our country, an opposing Senate has, all but twice, declined to approve a sitting president’s SCOTUS nomination in an election year. An approval in that scenario has not happened since the late 1800s.
When the sitting president’s party controls the Senate, however, the success rate for the president’s nominee is nearly 100 percent. Senator Ted Cruz (R-TX) recently explained how this works. Watch below:
Joe Biden v. Joe Biden
After Supreme Court Justice Antonin Scalia passed away in 2016, a presidential election year, Democrats did not control the Senate. Then-Vice President Joe Biden wrote an op-ed in The New York Times arguing that it was the “constitutional duty” of the sitting president to nominate:
The president has the constitutional duty to nominate; the Senate has the constitutional obligation to provide advice and consent. It is written plainly in the Constitution that both presidents and senators swear an oath to uphold and defend.
In an appearance at Georgetown University, Biden also stated, “I would go forward with a confirmation process as 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.”
Obama, who nominated Judge Merrick Garland to replace Scalia, took the same stance, writing in 2016: “The Constitution vests in the President the power to appoint judges to the Supreme Court. It’s a duty that I take seriously, and one that I will fulfill in the weeks ahead.”
In 2020, with a Republican president in the White House and Republican Senate, both are now arguing otherwise. Obama is playing on emotion and saying that we should honor the dying wish of the late Justice Ruth Bader Ginsburg — that she would “not be replaced until a new president is installed.”
Now the Democratic presidential nominee, Biden also changed his tune, recently stating, “Let me be clear: The voters should pick a President, and that President should select a successor to Justice Ginsburg.”
Joe Biden says he never lies, but he isn’t really telling the truth, either. Instead, he’s telling the people what they want to hear in a given moment, even if it goes against a documented stance he had taken before.
And, since the mainstream media refuses to fact-check him, he is getting away with it.