Fact-checking Biden claims Barrett’s SCOTUS confirmation process is unconstitutional



“The only court packing is going on right now, the Republican is now packing the court,” Biden told reporters Saturday. “It’s not constitutional what they are doing.”

Article II, Section 2 of the Constitution states that the President shall “nominate and, with the advice and consent of the Senate, appoint judges … of the Supreme Court.”

Eugene Volokh, a professor at the UCL School of Law, told CNN, “President Trump has the constitutional power to make Judge Barrett a Supreme Court Justice, and the Senate has the constitutional power to ‘consent’.” “This is what the Constitution says on the subject, and no precedent has added any additional requirements to it.”

Josh Blackman, a professor at South Texas College of Law who specializes in constitutional law, told CNN, “I don’t know what VP Biden means.”

“The Constitution gives the Senate the power to hold hearings,” Blackman said. “There is nothing unconstitutional about Judge Barrett’s confirmation.”

Some Democrats have claimed Republican President Barack Obama’s successful efforts to block hearings for Supreme Court nominee Merrick Garland, on the grounds that the American people’s voice is taken into consideration through the results of the upcoming election, Set a political precedent against dharna, confirmation of hearing for any Supreme Court candidate in election year
But going against that precedent is not literally the same as being unconstitutional. Senate Majority Leader Mitch McConnell has argued that the circumstances surrounding the current situation are different to complete a hearing – Obama was in his last term and faced a Republican Senate, but Republicans now both Senate and White House Control. Simply put, Republicans now have the strength to do what the Democrats did not have in 2016.
When asked about Biden’s comments, the campaign referred CNN to Laurence Tribe, a constitutional law professor at Harvard Law School. Reached by CNN, the Tribe said McConnell refused to do so for Garland, despite the decision to hold a hearing for Barrett, which is against the founding principles of the Constitution, but acknowledged that the Republican-led nomination effort No specific article of the constitution is violated.

In defense of Biden’s claim, campaign spokesman Andrew Bates also stated that “the structure and principles of our Constitution stand against this divisive and extreme force that Donald Trump and Mitch McConnell undo by afflicting life-saving protections for American Americans.” In the current circumstances. Ramaling through this nomination, after millions of Americans vote, is in contempt of the essential democratic structure that is the basis of the Constitution. ”

“Most said that the Constitution is not forbidden,” the tribe said.

According to the Tribe, Barrett’s nomination process before the election evades consent by the regime, abuses the Senate’s power of advice and consent, and violates the commitment to respect and decency she believes to serve the American people Framers elected to do must obey.

The Tribe said, “The sheer power to appoint a judge of the Supreme Court when you have got the vote is not the question.” “The question is what principles apply.”

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