Biden says voters should choose who nominates Supreme Court justice

Biden says voters should choose who nominates Supreme Court justice
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Democratic nominee Joe BidenJoe BidenDearborn office of Rep. Debbie Dingell vandalized Pfizer to apply for COVID-19 booster approval for 16- and 17-year-olds: report Coronavirus variant raises fresh concerns for economy MORE said Saturday that voters should decide who nominates the next Supreme Court justice to replace the vacancy left by Ruth Bader GinsburgRuth Bader GinsburgSupreme Court to hear landmark abortion case this week Roe redux: Is 'viability' still viable as a constitutional doctrine? Yankee Doodling the media: How 'Let's Go Brandon' became a rallying cry against news bias MORE

“The American people know the U.S. Supreme Court decisions affect their everyday lives,” Biden said in a statement. “The United States Constitution was designed to give the voters one chance to have their voice heard on who serves on the Court.”

“That moment is now and their voice should be heard. The Senate should not act on this vacancy until after the American people select their next president and the next Congress,” Biden said. 

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His statement was issued shortly after Trump announced Amy Coney BarrettAmy Coney BarrettSupreme Court to hear landmark abortion case this week Graham emerges as go-to ally for Biden's judicial picks Progressive or moderate, Senate Democrats must move Biden's agenda forward MORE as his Supreme Court nominee Saturday afternoon from the White House Rose Garden. 

Biden framed the debate in the context of healthcare, noting the Trump administration’s efforts to get the Supreme Court to overturn the Affordable Care Act, the Obama administration’s signature healthcare law, amid the coronavirus pandemic.

Biden argued that Americans’ “healthcare hangs in the balance” this presidential election. 

Biden described Barrett as having a “written track record of disagreeing with the U.S. Supreme Court’s decision upholding the Affordable Care Act,” noting she has criticized Chief Justice John Robert’s majority opinion upholding the law in 2012. 

Democrats, like Biden, have said that the next president should be the one to choose Ginsburg’s replacement on the high court. They have pointed to Senate Republicans’ decision not to consider former President Barack ObamaBarack Hussein ObamaWe must eliminate nuclear weapons, but a 'No First Use' Policy is not the answer Building back a better vice presidency Jill Biden unveils traditional White House holiday décor MORE’s nominee Merrick GarlandMerrick GarlandGarland orders DOJ to prioritize violence on airplanes Buttigieg has high name recognition, favorability rating in Biden Cabinet: survey DOJ seeks to block merger of major sugar companies MORE in 2016 because it was during an election year. 

But Republicans argue that the current circumstances are different because the same party controls the White House and Senate. Trump has indicated he wants to see a vote before the November election, which is less than 40 days away. 

Barrett is expected to begin meeting with senators next week and will face confirmation hearings beginning in mid-October.