Biden Rule: Speech Analysis

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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 …show more content…
Cracks are already forming in the Republican strong wall opposed to Obama gaining the liberal majority on the court. This can be linked largely to Senators worried about re-election bids, the view of the party as a whole, and the candidate that President Obama has nominated. Senator Susan Collins of Maine and Mark Kirk of Illinois have opposed the tactic pushed my Mitch McConnell. Senator Collins wants the Senate to hold a hearing on Garland. Senator Kirk is going even further and calling for a vote (Phillips, Amber. 2016). These Senators recognize that the Senate should continue to function in a regular order. The Senate has every right to deny any nomination put forward by the president, and could choose to vote no on every nominee. Other Republican Senators have agreed to sit down with Garland in private meetings to better know the nominee’s views. With the Republican led Senate heading toward a confrontation with the White House, the party needs to be united. With some Senators already willing to proceed with hearing and votes, the party will only continue to splinter on the issue when more pressure is placed upon them. While the Republicans control the Senate 54-46, it may just be that Democrats and Republicans that want to see an effective government come together to force action to be

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