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 BidenFear of insider attack prompts additional FBI screening of National Guard troops: AP Iran convicts American businessman on spying charge: report DC, state capitals see few issues, heavy security amid protest worries MORE said Saturday that voters should decide who nominates the next Supreme Court justice to replace the vacancy left by Ruth Bader GinsburgRuth Bader GinsburgRuth Bader Ginsburg, George Floyd among options for 'Remember the Titans' school's new name Bipartisan anger builds over police failure at Capitol Lindsey Graham praises Merrick Garland as 'sound choice' to serve as attorney general 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. 


His statement was issued shortly after Trump announced Amy Coney BarrettAmy Coney BarrettSenate Democrats leery of nixing filibuster New York Girl Scouts seek to get out of lease with Trump Wall Street building Capitol Police Board — the structural flaw in leadership 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 ObamaBiden-Harris team unveils inauguration playlist Can the GOP break its addiction to show biz? The challenge of Biden's first days: staying focused and on message MORE’s nominee Merrick GarlandMerrick Brian GarlandBiden's new challenge: Holding Trump accountable Graham says he'll back Biden's CIA pick A Democratic agenda for impossibly hard times 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.