Vice President Joe Biden is pushing back after opponents of approving President Barack Obama's nominee highlighted remarks Biden made on the Senate floor in 1992 with archival video being circulated online.
Biden chaired the Senate Judiciary Committee at the time and said that, should a Supreme Court vacancy arise, then-President George H.W. Bush shouldn't nominate a replacement until after that fall's presidential election.
In one clip, Biden is seen saying:
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.
Here's a clip of that speech.
But Biden says in a statement that's not an accurate description of his views. He notes he also said in that speech that the Senate and White House should work together to overcome differences. In addition, he points to his role during the 1988 confirmation of Justice Kennedy.
.@VP statement on "Biden Rules" (1/2) pic.twitter.com/Qhekq6JC28— Mike Memoli (@mikememoli) February 22, 2016
.@VP on "Biden Rules" (2/2) pic.twitter.com/Ta2aON3f1U— Mike Memoli (@mikememoli) February 22, 2016
Another clip from later in the same speech seems to back Biden's claim as the then-senator is shown saying, "If the president consults and cooperates with the senate, or moderates his selection absent consultation, then his nominees may enjoy my support as did Justices Kennedy and Souter."
Biden says as senator he ensured prompt consideration for Supreme Court nominees and the Senate must do that now. He reiterated his stance in a later tweet.
In 1992, I urged the Senate and White House to work together to ensure the Court functioned as our founders intended. Remains my position.— Vice President Biden (@VP) February 23, 2016
As my record shows, I presided over the consideration of Justice Kennedy,
Reagan nominee, who was confirmed in a presidential election year.— Vice President Biden (@VP) February 23, 2016
Meanwhile, Senate Majority Leader Mitch McConnell continued to push his belief that the next president should make the nomination to replace Justice Antonin Scalia, who died a week ago.
Sen Maj Leader Mitch McConnell (R-KY) reiterates his belief that the next Pres should choose #Scalia's replacement: pic.twitter.com/0TIQgoJmOH— Frank Thorp V (@frankthorpNBC) February 23, 2016
Despite this push, a handful of GOP senators have already announced that they would back an Obama nomination before the election.
In 1992, I urged the Senate and White House to work together to ensure the Court functioned as our founders intended. Remains my position.— Vice President Biden (@VP) February 23, 2016