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A short thread on what you should know about the "Biden Rule" and how Republicans have mischaracterized Biden's words from the start... https://twitter.com/justinbaragona/status/1307673334155538432
...In 2016, McConnell said: "the Senate will continue to observe the Biden Rule so that the American people have a voice in this momentous decision" and "The Biden Rule supports what the Senate is doing today"...
...But what Biden said about election year nominations had nothing to do with giving the people "a voice" via the ballot box, and most certainly did not support what McConnell did by denying Garland a hearing and vote for the remainder of Obama's presidency...
...what Biden said in June '92, about a hypothetical election year vacancy is: "President Bush should consider following the practice of a majority of his predecessors and not ... name a nominee until after the November election is completed"...
...he further said, "some will criticize such a decision and say it was nothing more than an attempt to save the seat on the Court in the hopes that a Democrat will be permitted to fill it, but that would not be our intention"...
...in other words, a lame duck nomination would be fine, just not one during the fractious campaign season.
Why would he draw the line there? ...
Why would he draw the line there? ...
...not so "the people" get to decide who the justice would be on Election Day, but to facilitate *bipartisan compromise* in the calm following the election...
...Biden said, "If the President works with a philosophically differing Senate or he moderates his choices to reflect the divergence, then his nominees deserve consideration and support by the Senate"...
and, "if they choose to pick Bill Clinton over George Bush, we will have a divided Government and I will say the same thing to Bill Clinton: In a divided Government, he must seek the advice of the Republican Senate and compromise...
...Otherwise, this Republican Senate would be totally entitled to say we reject the nominees of a Democratic President who is attempting to remake the Court in a way with which we disagree."...
...Biden's words have since been mangled beyond recognition. Barrasso today said the Biden rule meant a Senate from the opposite party "would not confirm" any nomination in an election year...
...But Biden made it clear the Senate *should* work to compromise with a President on a nomination *after* the election is over in the lame duck. McConnell not only failed to heed Biden's advice, he mischaracterized Biden's advice....
...Also, let's not forget: Merrick Garland *was a compromise moderate nominee recommended by a Republican.* Orrin Hatch had touted Garland for years. He was not a left-wing activist. He was not young. His nomination (albeit made in March, not November) was in the Biden spirit...
...and McConnell threw that bipartisan spirit in the garbage...
...McConnell may refresh his memory about the lame duck part of the "Biden Rule" once we get to the lame duck session. If so, don't forget: in '16 McConnell ignored and mischaracterized Biden's words to move the goalposts. He shouldn't get to move the goalposts back now...
...Here's the video https://www.c-span.org/video/?c4586615/senator-joseph-biden-supreme-court-nominations and the text https://www.grassley.senate.gov/sites/default/files/judiciary/upload/SCOTUS%2C%2003-24-16%2C%201992%20Biden%20Speech.pdf of Biden's 1992 speech. It's long. There's a lot in it. Everyone should hear it.
This is the real Biden Rule https://twitter.com/ABC/status/1307757900232884225
