The topic of discussion for this Constitution Monday is whether or not Barack Obama and the Senate should select a new justice for the U.S. Supreme Court. The Constitution clearly states that the President has the right to nominate a new justice; it also clearly states that the Senate has the responsibility to vet any potential justice and vote on the nomination.
The Senate Democrats in the past have delayed the selection process and thus have no right to find fault with Republicans doing the same. The Daily Signal reports that none other than Senate Judiciary Chairman Chuck Grassley (R-Iowa) is calling for the Senate to follow “the Biden Rules.” Basically, the Biden rules state that lawmakers should not fill a vacancy on the Supreme Court during a presidential campaign but leave the vacancy for the incoming President to fill.
“In a floor speech June 25, 1992, Sen. Joe Biden, then chairman of the Judiciary Committee, argues that senators `should seriously consider not scheduling confirmation hearings on [any Bush] nomination until after the political campaign season is over.’
“It wouldn’t be prudent, Biden said, for Bush to nominate someone to the Supreme Court during what he predicted would be `one of the bitterest, dirtiest presidential campaigns we have seen in modern times.’”
During the presidential contest between George H.W. Bush and Bill Clinton, the records of roll call votes state that “the Senate confirmed only one circuit court judge” for the entire election year.
Biden words are: “It is my view that if a Supreme Court justice resigns tomorrow, or within the next several weeks, or resigns at the end of the summer, President Bush should consider following the practice of a majority of his predecessors and not – and not – name a nominee until after the November election is completed.”
It sounds to me that what was good enough for the Democrats should be good enough for the Republicans. Why should Republicans play nice with justices and judges while Democrats do not?