Democrat nominee Joe Biden stated on Sunday that should President Donald Trump nominate someone for the Supreme Court seat vacated by Justice Ruth Bader Ginsburg, that the Senate should wait until after the election and withdraw Trump’s nominee, in the case that Biden is elected.
“Even if Trump…. even if President Trump puts forward a name, now, the Senate should not act until the American people select their next President, their next Congress, their next Senate. If Donald Trump wins the election, then the Senate should move on his selection and weigh the nomination he chooses fairly. But if I win this election, President Trump’s nominee should be withdrawn and as the new President, I should be the one that chooses Justice Ginsburg’s successor.”
“To jam this nomination through the Senate is just an exercise in raw political power, and I don’t believe the people of this nation will stand for it,” Biden says.
“If I win this election, President Trump’s nominee should be withdrawn." pic.twitter.com/N9QctPdZ1J
— MSNBC (@MSNBC) September 20, 2020
The problem is with this as covered here, and here, by both myself and Shipwreckedcrew, is that Biden doesn’t have a single bit of Constitutionally assigned power, nor even precedent on his side to suggest that this would ever be the case. The difference between 2016 and now is that one party controls both the nomination and conformation process now, while it was split in 2016. Biden to make such a request and demand, undermines the very document he claims to support. My guess is Biden won’t get a chance to block this or be President, and thank the maker for that.