The one thing Democrats can do to stop Trump from replacing Justice Ginsburg - 2020-09-18
President Barack Obama had the opportunity — or should have — to fill Justice Antonin Scalia's seat in 2016 and give liberals a majority on the Supreme Court for the first time since the Nixon administration. But he didn't get that opportunity. Instead, Republicans blocked him under a new stricture they invented, audaciously named the "Biden rule," which decreed that no Supreme Court vacancy that arises in the final year of a president's term may be filled.
The Biden rule got its name from an exaggerated reading of a 1992 speech by then-Sen. Joe Biden, where the future Democratic presidential nominee argued that then-President George H.W. 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" if a vacancy arose on the Supreme Court.
The question four years later: Are Republicans serious about their adopted rule? Will they risk Biden himself filling the seat left vacant by Ruth Bader Ginsburg if Trump loses in November? McConnell's been clear: The answer is no. On Friday night, a few hours Ginsberg's death, McConnell said Trump's nominee would get a vote.