Biden Rule does not exist

President Obama today nominated Judge Merrick Garland, Chief Judge of the D.C. Circuit Court of Appeals, to succeed deceased SCOTUS Justice Antonin Scalia. By all accounts, he is a scholarly and moderate consensus builder who tends to be conservative on criminal cases. The Senate previously confirmed his appointment to the D.C. Circuit during the Clinton Administration.

Republican Senator Mitch McConnell, the majority leader of the Senate said today that the Republicans would not meet with or consider Judge Garland because President Obama is in the last year of his second 4-year term. He cites the so-called Biden Rule as justification for not complying with the Senate’s constitutional obligation “to advise and consent” regarding the president’s nomination.

No such rule or exception to carrying out the senate’s constitutional duty exists. In 1992, then Senator Joe Biden stated that he thought the senate should delay its constitutional obligation to advice and consent regarding a president’s nomination during the last year of President George H.W. Bush’s term. However, Senator Strom Thurmond, the Chair of the Senate Judiciary Committee overruled him and that was the end of that nonsense. The committee proceeded to forward the president’s nominee to the Senate for a vote. The Senate approved the nominee. His name is Anthony Kennedy and he now serves on the SCOTUS.

McConnell knows this and he knows his bullshit argument is based on a lie about a non-existing rule.

He and the rest of the Republican senators need to do their job. If they don’t, the voters should vote them out of office if they seek reelection after their present terms expire.

They are unfit to serve, given their refusal to carry out their constitutional duties, a violation of their oath of office.

9 Responses to Biden Rule does not exist

  1. bettykath says:

    Biden did the partisan thing, as the Republicans are trying to do. The difference is that Biden didn’t have enough Democrats to support him.

  2. gblock says:

    I think that President Obama chose a moderate on purpose, to either encourage the Senate to go forward with the hearings or to spotlight more clearly the ridiculous, childish game that McConnell is playing by refusing to do so.

  3. Disappointed says:

    Can any of you imagine refusing to do your job for 10 months? Keeping that job and the salary!! I am disgusted with the GOP.

  4. Since when does Mitch McConnell care about something that Joe Biden or any other Democrat has said. By any means, as you noted, the nomination promptly went forward – as it should have.

  5. girlp says:

    McConnell, knows his constituent (supporters) do not know any better, our nation does a very poor job of teaching civics.

    • Malisha says:

      Although our nation does a poor job of teaching physics,
      history does a good job of teaching comeuppance.
      We’re about to learn.

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