What Does the VP Think About the Supreme Court Vacancy?

WeNeedNine
Jul 11, 2016 · 3 min read
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President Barack Obama and Vice President Joe Biden applaud Chief Judge Merrick B. Garland during a statement in the Rose Garden of the White House announcing Chief Judge Garland as President Obama’s nominee to the United States Supreme Court, March 16, 2016. (Official White House Photo by Chuck Kennedy)

The We Need Nine campaign recently spoke with Vice President Joe Biden about Supreme Court nominee Chief Judge Merrick Garland and Senate Republicans’ continued obstruction of his nomination.

In our conversation, the Vice President explained how the open seat hampers the Supreme Court and urged GOP leaders to hold a hearing on Judge Garland, a nominee who has earned unanimous bipartisan praise throughout his career.


Well, as the Vice President put it, “a lot of very, very important decisions are going unresolved” by the shorthanded Supreme Court.

The Washington Post’s editorial board noted recently that “the judicial branch of government is not properly functioning, and has not been for months.” And this report by the Constitutional Accountability Center documents the harm of an eight-member Supreme Court and the legal controversies that might arise from a 4–4 split. Even Justice Ruth Bader Ginsburg agrees: “Eight is not a good number.”

As the Vice President went on to explain, the Supreme Court plays the central role in ruling on the constitutionality of federal laws when lower courts are divided.

“Federal circuit courts of appeals around the country have ruled differently on a number of very important issues,” he said. “Without the ability of the federal court — the Supreme Court of the United States — to resolve those differences, you have an application of law different in one state from another.”

Yes. In fact, President Obama said that Judge Garland “may be the most qualified nominee that we’ve seen before the Senate for a Supreme Court seat.”

But as Vice President Biden also noted, Judge Garland is “a moderate pick who is respected by both sides of the aisle,” with a long record of bipartisan support and a reputation as a consensus builder.

Here are just a few examples of that support from the other side of the aisle:

  • During Judge Garland’s 1997 nomination for a seat on the D.C. Circuit Court of Appeals, Sen. Orrin Hatch (R-Utah) said, “I believe Mr. Garland is a fine nominee. I know him personally, I know of his integrity, I know of his legal ability, I know of his honesty, I know of his acumen, and he belongs on the court.”
  • Sen. Chuck Grassley (R-Iowa), who is now leading the opposition to Judge Garland as chairman of the Senate Judiciary Committee, argued that he would “make a good judge in some other court — where the seat needs to be filled.”
  • Top George W. Bush administration officials, including former Attorney General Alberto Gonzales and White House chief ethics lawyer Richard Painter, have urged hearings and a vote on Judge Garland.

No. A recent legal study detailed the unprecedented nature of the GOP’s opposition to hearings, while a blistering report released by Sen. Elizabeth Warren’s office noted that “Senate Republicans’ stance represents a failure to fulfill their constitutional responsibilities.”

The Vice President implored the Senate to follow Article II of the Constitution and “advise and consent” on the nomination.

“They can’t remain silent,” Biden said. “They have to take a position.”

Senate Republicans have blocked President Obama’s judicial nominations throughout his presidency — as the report from Sen. Warren’s office detailed — and their “extreme” campaign has culminated in obstructing Judge Merrick Garland’s Supreme Court nomination.

But opinion polls show that the American people want the Senate to hold hearings on the vacancy and believe GOP leadership is playing politics by refusing to consider Judge Garland. Republicans and Independents in swing states across the country are fed up with the partisan games and are speaking out, putting Senate Republicans in a difficult position.

Vice President Biden issued a call to action to continue the “unrelenting” public pressure on Senate Republicans to do their job and end the Supreme Court blockade.


If you think it’s time for Senate Republicans to fulfill their constitutional responsibility and give Judge Merrick Garland a hearing, add your name at WeNeedNine.org.

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