Vice President Biden – Do not appoint replacement for Scalia

During An Election Year In 1992, Then-Senator Joe Biden Gave A Speech On A Supreme Court Vacancy And Stated That The Current “President Should Not Name A Nominee Until After The November Election.” BIDEN: “Mr. President, where the Nation should be treated to a consideration of constitutional philosophy, all it will get in such circumstances is partisan bickering and political posturing from both parties and from both ends of Pennsylvania Avenue. As a result, 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.” (Senator Joe Biden, Remarks On Senate Floor, 6/25/92)

Biden Also Downplayed Any Problems Associated With Having Only Eight Justices On The Court, Calling The Issue “Quite Minor.” BIDEN: “Others may fret that this approach would leave the Court with only eight members for some time, but as I see it, Mr. President, the cost of such a result, the need to reargue three or four cases that will divide the Justices four to four are quite minor compared to the cost that a nominee, the President, the Senate, and the Nation would have to pay for what would assuredly be a bitter fight, no matter how good a person is nominated by the President, if that nomination were to take place in the next several weeks.” (Senator Joe Biden, Remarks On Senate Floor, 6/25/92)

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