On Friday, Sleepy Joe Biden and former President Barrack Obama weighed in on the death of Supreme Court Justice Ruth Ginsburg. According to the Democrats, who only care about filling her seat, President Trump shouldn’t be allowed to pick the new justice due to the election being so close. Surprising, since in 2016 both Biden and Obama had a completely different mindset.
Back in 2016, the unexpected death of Antonin Scalia left a vacancy on the Supreme Court. His death happened just nine months before the election. At the time, Republicans declared not to support Obama’s nominee, which was judge Merrick Garland. Biden said it was acceptable for President Obama to move forward with his nomination, citing a 1992 speech he gave. In the speech he said,
“They completely ignore the fact at the time I was speaking of the time of the dangers of nominating an extreme candidate without proper Senate consultation. They completely neglected to quote my unequivocal bottom line. So let me set the record straight as they say. I said, and I quote, “If the president consults and cooperates with the Senate or moderates his selection then nominees may enjoy my support as did Justice Kennedy and Justice Souter.”
I made it absolutely clear I would go forward with the confirmation process as chairman, even a few months ahead of a presidential election, if the nominee were chosen with the advise and not merely the consent of the Senate, just as the Constitution requires.”
Thanks to technology and tech-savvy users, a twitter follower was able to dig up what President Obama said in 2016. The video feature below shows the President in favor of making a nominee. He cites the constitution and says, “Historically, this has not been viewed as a question. There’s no unwritten law that says that it can only be done on off-years. That’s not in the constitutional text.”
Just dug up this clip of Obama in 2016:
"When there is a vacancy on the SCOTUS, the President is to nominate someone, the Senate is to consider that nomination… There's no unwritten law that says that it can only be done on off-years. That's not in the Constitution text." pic.twitter.com/vrOi3DrkJN
— Kelb Hull (@CalebJHull) September 19, 2020
But what did the former president say on Friday? Interesting enough, it appears Obama might be suffering from forgetfulness as he said, “Four and a half years ago, when Republicans refused to hold a hearing or an up-or-down vote on Merrick Garland, they invented the principle that the Senate shouldn’t fill an open seat on the Supreme Court before a new president was sworn in. A basic principle of the law — and of everyday fairness — is that we apply rules with consistency, and not based on what’s convenient or advantageous in the moment.”
If history has taught us anything, it’s that the Democrats only mention the rules when they are to their advantage. When it was left up to the Democrats to decide, they were all in favor – but when it’s a president the people picked, they change the rules. As for what the current POTUS thinks, Trump made statements that he will have a nominee within the next week.
This piece was written by Jeremy Porter on September 20, 2020. It originally appeared in DrewBerquist.com and is used by permission.
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