Senator President Joe Biden Rule, When Arguing That The Seat Not Be Filled

1956 Words May 4th, 2016 null Page
Republicans also cite what they have termed the “Biden Rule” when arguing that the seat not be filled. The “Biden Rule” stems from a speech that Vice President Joe Biden gave when he was a Senator and Chairman of the Senate Judiciary Committee (Lerner, Kira). Biden stated that if President H. W. Bush nominated an individual to replace a retiring justice that, "the Senate Judiciary Committee should seriously consider not scheduling confirmation hearings on the nomination until after the political campaign season is over." (Emery, C. 2016) Republicans, mainly Mitch McConnell point to this as evidence that nominations should not be considered during an election year. Mitch McConnell was quoted saying, "The Senate will continue to observe the Biden Rule so that the American people have a voice in this momentous decision" (Emery, C. 2016) This speech given by Vice President Joe Biden does seem to support the current stance of the Republican Party. However, one must analyze the differences that were present in each situation. Firstly, this speech was hypothetical. There was no vacant seat on the court when Biden gave this speech, and no seat ever became available during that election year. Thus, one never sees the true actions Democrats took, and no precedent was ever truly set. (Emery, C. 2016) Today there is an urgency to fill a vacant seat that will delay the ruling on many split decision cases. Secondly, many Republicans refuse to hold hearings or even meet with Obama’s…

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