Democratic presidential nominee Joe Biden claimed during a press event on Sunday that nominating and installing a Supreme Court Justice nominee during an election cycle “defies every precedent”.
“Never before in our nation’s history has a Supreme Court justice been nominated and installed while a presidential election is already underway. It defies every precedent,” Biden alleged. “Just because you have the power to do something doesn’t absolve you of your responsibility to do right by the American people.”
Joe Biden’s remarks:
BIDEN: “Never before in our nation’s history has a Supreme Court justice been nominated and installed while a presidential election is already underway. It defies every precedent.”pic.twitter.com/g6mnm9iyI2
— Breaking911 (@Breaking911) September 27, 2020
The historical record does not reveal any instances since at least 1900 of the president failing to nominate and/or the Senate failing to confirm a nominee in a presidential election year because of the impending election. In that period, there were several nominations and confirmations of Justices during presidential election years, reported SCOTUS Blog.
According to a press release from Senate Majority Leader Mitch McConnell (R-KY), 15 times in U.S. history, a Supreme Court vacancy arose in a presidential election year and the President nominated someone that year. 8 times voters had chosen a Senate majority of the same party as the President. 7 of those 8 nominations were confirmed.
During an election year in 2016, Biden urged the Senate to take up a vote on the Supreme Court nominee Merrick Garland to fill the vacancy created by the death of Justice Antonin Scalia. “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,” the former vice president stated. Continued Below
Meanwhile on Sunday, Joe Biden said that Judge Amy Coney Barrett’s nomination “should be withdrawn” if he wins the presidential election in November.
Joe Biden calls on Amy Coney Barrett's nomination to be withdrawn if he wins the election. pic.twitter.com/Us8ZezG76d
— PoliticusUSA (@politicususa) September 27, 2020
Joe Biden’s remarks in 2016 on electing a SCOTUS during an election year:
Joe Biden in 2016: "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.pic.twitter.com/eAdrDigc8S
— Josh Jordan (@NumbersMuncher) September 19, 2020
Continued Below
Further, President Donald Trump tweeted Sunday morning that he “will be strongly demanding a drug test” for “Sleepy Joe Biden prior to, or after, the debate on Tuesday night” and also said that “Obamacare will be replaced with a much better, and and FAR cheaper, alternative if it is terminated in the Supreme Court.”
Obamacare will be replaced with a MUCH better, and FAR cheaper, alternative if it is terminated in the Supreme Court. Would be a big WIN for the USA!
— Donald J. Trump (@realDonaldTrump) September 27, 2020
I will be strongly demanding a Drug Test of Sleepy Joe Biden prior to, or after, the Debate on Tuesday night. Naturally, I will agree to take one also. His Debate performances have been record setting UNEVEN, to put it mildly. Only drugs could have caused this discrepancy???
— Donald J. Trump (@realDonaldTrump) September 27, 2020
Biden said he had “no comment” on a whether he would take a drug test.
Joe Biden was asked whether he will take a drug test before the debate.
"No, I have no comment," he said. pic.twitter.com/jHX5qfESR2
— Trump War Room – Text TRUMP to 88022 (@TrumpWarRoom) September 27, 2020
