Even Fake News (CNN) isn't buying Bidens answer

Fake news is like a broken clock, Correct 2 times a day.
moonsammysays...

Technically correct: the Constitution does not provide specific details of how Supreme Court appointments are to be made. The fine details have been left up to the Senate and Executive (to a lesser degree, I believe). The executive branch has the right to nominate someone to the court, the Senate then has a duty to serve as a check on that. Technically there's nothing in the Constitution stating you're not allowed to advance a SC nominee weeks before an election.

It IS however, a naked partisan power grab. In 2016 one party argued, 8-9 months prior to the election, that their political opponents should not be able to have their SC nominee even get a hearing prior to the election. There was no actual precedent for this, but they insisted that the will of the electorate must be respected, and that we therefore must await the results of the election. So we did. Now 4 years later, the same party that insisted on respecting the will of the electorate in 2016 is taking precisely the opposite stance. Because last time they could potentially gain from the delay, and this time they almost certainly won't.

The CNN guy was correct: it is NOT unconstitutional to ram through a SC appointment. The authors of the Constitution didn't see fit to include that level of granularity in how the process would work. There is a process to clear this all up though: let's amend the Constitution! That's a super American thing to do! Let's establish, once and for all, the specific rules of the process. Then there won't be any back-and-forth like this about when a nominee can move ahead and when they can't. Nice and tidy.

The question then becomes: at what point in a President's term do they no longer get to nominate a replacement to the Supreme Court, when an election is pending? Should there in fact be no limit (like prior precedent, or lack thereof), and you believe that Merrick Garland should have been allowed hearings, and by extension the Amy Barrett hearings now are legit? Personally, I say we establish a cut-off to spare the political arguments in the future. Let's make it 100 days prior to the election: it's nice round number, bit over 3 months (so time for meaningful hearings and background checks), and should be after or at the end of primary season most cycles. That would of course invalidate both the 2016 and 2020 schemes by the Republicans, but I'm sure that's just a coincidence.

What's your take, Bob? How should this be handled? You posted the video, so I assume you have a stance on the issue?

Mystic95Zsays...

Its entirely constitutional for the Republicons to do what they are doing but its extremely hypocritical... All I have to say is Republicans are going to get what they deserve in the end and they aren't going to like it.... Biden has said he isn't a fan of stacking the courts as well.

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