Biden’s communications director Kate Bedingfield showed America just how dumb she thinks we all are during an interview with Jake Tapper. She chad the audacity to defend Biden’s claim that confirming Amy Coney Barrett to the Supreme Court was unconstitutional. This is, on its face, a flat out lie.
Obviously, the President nominating and then the Senate confirming a Justice is exactly what the Constitution outlines in Article II, Section 2, Clause 2. The Constitution states:
‘He [the president] shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.’
There is nothing that says that the president loses these powers in an election year. In fact, perhaps the most famous Justice ever to have been appointed, James Marshall, was appointed by the 2nd United States President, John Addams, in his last year in office. According to Wikipedia, Marshall was approved January 27th 1801, a mere 7 days after being confirmed and little over a month before Adams was to leave office.
Wikipedia explains ‘The 1800 United States presidential election was the fourth presidential election. It was held from October 31 to December 3, 1800. In what is sometimes referred to as the “Revolution of 1800“, Vice President Thomas Jefferson of the Democratic-Republican Party defeated incumbent President John Adams of the Federalist Party. The election was a political realignment that ushered in a generation of Democratic-Republican leadership.’
This means that Adams appointed him AFTER he lost his bid for another term.
Clearly Trump appointing someone before his reelection bid and the Senate confirming it would be Constitutional.
This point is so obvious that even Jake Tapper called her out on it. He asked her to point out in the constitution where it violates it. She bobbed and weaved but was never able to answer the question.
She kept insisting that the voters should be in on the decision. But in 2016, the year that Obama would have been running for reelection (had the Constitution not barred him from seeking a 3rd term) he nominated Merrick Garland to the court. The Democrats didn’t have the votes to confirm him, seeing as the Republicans controlled the Senate. To her point, the voters did decide, in 2016 we gave Trump 4 years to call the shots in the Executive Branch.
Tapper asked Bedingfield to explain why it is unconstitutional. She replied that a poll shows Americans want the new president to decide. Tapper pointed out that was a poll and not the constitution. Bedingfield was unable to point to anything making Barrett’s confirmation unconstitutional.
Bedingfield kept insisting that voters get to decide but the fact is the voters already had their chance when they elected Trump and the Senate. Presidents are not elected for three years, they are elected for four as Trump said. Thus Trump has a constitutional duty to nominate a new Justice.
Joe Biden was confronted again on Saturday on whether he would pack the Supreme Court.
Biden once again dodged the question then claimed it’s the Republicans who are packing the court!
In fact, Biden said voters “don’t deserve” to know his position on court packing.
Joe Biden’s refusal to answer whether he will alter a branch of government should disqualify him from the race, but we don’t have a real media.
“The only court packing going on right now is going on with Republicans packing the court right now … I’m going to stay focused on it so we don’t take our eyes off the ball here.”
Filling a vacant SCOTUS seat is not “packing the court” — adding more seats to the Supreme Court, which Biden and Harris will do in order to overthrow the highest court of the land with Marxists, is packing the court.
Biden and the Democrats accuse Trump of packing all of the federal courts. However, filling vacancies is not court-packing.
Again, Wikipedia explains ‘The Judicial Procedures Reform Bill of 1937, frequently called the “court-packing plan“, was a legislative initiative proposed by U.S. President Franklin D. Roosevelt to add more justices to the U.S. Supreme Court in order to obtain favorable rulings regarding New Deal legislation that the Court had ruled unconstitutional. The central provision of the bill would have granted the president power to appoint an additional justice to the U.S. Supreme Court, up to a maximum of six, for every member of the court over the age of 70 years and 6 months.’
Unfortunately, the media will help Democrats push their false narrative. But the bottom line is that the nomination is very constitutional.