The GOP is citing this Joe Biden speech to justify blocking Obama's Supreme Court pick. Bad example.
Senate Republicans took the pretty brazen step on Tuesday of officially declaring they won't even hold hearings on President Obama's coming nominee to replace late Supreme Court Justice Antonin Scalia. "We believe the American people need to decide who is going to make this appointment rather than a lame-duck president," said Senate Majority Whip John Cornyn (Texas). But Republicans have also been citing precedent. On Monday, Senate Judiciary Chairman Charles Grassley (Iowa) said that not confirming justices during an election year was simply following "the Biden rules," referring to a recently unearthed clip of Vice President Joe Biden in June 1992.
At the time, Biden was Senate judiciary chairman, and his speech reiterates the so-called Thurmond Rule (which, incidentally, Senate Majority Leader Mitch McConnell said "doesn't exist" in 2008). In Biden's speech, highlights of which you can watch below, Biden urged then-President George H.W. Bush not to nominate a Supreme Court justice if a member of the court resigned in the summer or late fall, saying that if he did, "the Senate Judiciary Committee should seriously consider not scheduling confirmation hearings on the nomination until after the political campaign season is over."
On its surface, that's pretty good gotcha politics. But the liberal site ThinkProgress went back and looked at the rest of the speech, and it turns out that 10 minutes after the part of the speech highlighted by conservatives, Biden called for a compromise candidate: "If the president consults and cooperates with the Senate or moderates his selections absent consultation, then his nominees may enjoy my support as did Justices [Anthony] Kennedy and [David] Souter." There were no Supreme Court vacancies that year, but Biden's committee approved 11 federal appellate judges in 1992.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Members of both parties have flip-flopped pretty shamelessly on Supreme Court nominations during election years, but as Jonathan Chait notes at New York, the GOP argument that they are "merely following historical precedent... is demonstrably false." And Biden's 1992 floor speech doesn't change that.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.
-
The teenage 'maths prodigy' who turned out to be a cheat
Under The Radar Jiang Ping defied expectations in a global competition but something wasn't right
By Chas Newkey-Burden, The Week UK Published
-
Puppet shows, pagodas and pho: a guide to Hanoi
The Week Recommends Vietnam's capital city blends the ancient with the new
By Catherine Garcia, The Week US Published
-
'There are benefits, but not acknowledging them would tell only half of the story'
Instant Opinion Opinion, comment and editorials of the day
By Justin Klawans, The Week US Published
-
ATF finalizes rule to close 'gun show loophole'
Speed Read Biden moves to expand background checks for gun buyers
By Peter Weber, The Week US Published
-
Hong Kong passes tough new security law
Speed Read It will allow the government to further suppress all forms of dissent
By Peter Weber, The Week US Published
-
France enshrines abortion rights in constitution
speed read It became the first country to make abortion a constitutional right
By Peter Weber, The Week US Published
-
Texas executes man despite contested evidence
Speed Read Texas rejected calls for a rehearing of Ivan Cantu's case amid recanted testimony and allegations of suppressed exculpatory evidence
By Peter Weber, The Week US Published
-
Supreme Court wary of state social media regulations
Speed Read A majority of justices appeared skeptical that Texas and Florida were lawfully protecting the free speech rights of users
By Peter Weber, The Week US Published
-
Greece legalizes same-sex marriage
Speed Read Greece becomes the first Orthodox Christian country to enshrine marriage equality in law
By Peter Weber, The Week US Published
-
Trump and his lawyer Alina Habba have a rough day in defamation court
Speed Read Trump's audible grousing as E. Jean Carroll testified earned him a warning he could be thrown out of court, and Habba showed she 'doesn't know what the hell she's doing'
By Peter Weber, The Week US Published
-
Anders Breivik to testify in prison isolation lawsuit against Norway
Speed Read Far-right fanatic who killed 77 people in 2011 claims he has received 'inhuman treatment' in custody
By The Week UK Published