BTW: Re that so-called "Biden Rule", he was saying that any hypothetical 
confirmation should take place after an election, NOT that it should wait 
for a new president, or even the second term o a sitting president.

http://www.politifact.com/truth-o-meter/article/2016/mar/17/context-biden-rule-supreme-court-nominations/
In Context: The 'Biden Rule' on Supreme Court nominations in an election 
year

By C. Eugene Emery Jr. 
<http://www.politifact.com/truth-o-meter/staff/c-eugene-emery/> on 
Thursday, March 17th, 2016 at 5:37 p.m.

Senate Majority Leader Mitch McConnell invoked the so-called "Biden Rule" 
to justify why the Senate should not consider the nomination of Merrick 
Garland to the U.S. Supreme Court in an election year.

Yes, as in Vice President Joe Biden.

McConnell is using Biden’s own words from 1992, when George H.W. Bush was 
president and Biden was chairman of the Senate Judiciary Committee, to 
explain why he intends to block President Barack Obama’s Supreme Court pick 
in an election year.

"The Senate will continue to observe the Biden Rule 
<http://www.republican.senate.gov/public/index.cfm/blog?ID=7E53BFEC-32B0-4B55-A753-3860F588D30A>
 so 
that the American people have a voice in this momentous decision" on who to 
name to the court, McConnell said in a March 16 speech on the floor of the 
Senate.

McConnell went on to quote some words from then-Judiciary Chairman Biden to 
show why the Senate’s disagreement with Obama is "about a principle, not a 
person."

*Help PolitiFact fact-check the immigration debate in 2016 
<http://bit.ly/politifactgive>*

Did Biden really say he would be against the president nominating a Supreme 
Court justice in an election year when political control of the Senate and 
White House were flipped?

We wanted to use our In Context feature to lay out what Biden said back 
then outside of McConnell’s sound bite. Readers can determine if it’s 
relevant now.

Biden's floor speech was on June 25, 1992, more than three months later in 
the election cycle than it is now.

There was no Supreme Court vacancy to fill.

There was no nominee to consider.

The Senate never took a vote to adopt a rule to delay consideration of a 
nominee until after the election.

Nonetheless, Biden took to the floor in a speech 
<https://youtu.be/oVvxGa0zhWo> addressing the Senate president to urge 
delay if a vacancy did appear. But he didn't argue for a delay until the 
next president began his term, as McConnell is doing. He said the 
nomination process should be put off until after the election, which was on 
Nov. 3, 1992.

Many of Biden's words echo the state of Washington today:

"Given the unusual rancor that prevailed in the (Clarence) Thomas 
nomination, the need for some serious reevaluation of the nomination and 
confirmation process, and the overall level of bitterness that sadly 
infects our political system and this presidential campaign already, it is 
my view that the prospects for anything but conflagration with respect to a 
Supreme Court nomination this year are remote at best."

He noted that among the previous seven nominations, two were not confirmed 
and two passed with strong opposition.

"In my view, politics has played far too large a role in the Reagan-Bush 
nominations to date. One can only imagine that role becoming overarching if 
a choice were made this year, assuming a justice announced tomorrow that he 
or she was stepping down.

"Should a justice resign this summer and the president move to name a 
successor, actions that will occur just days before the Democratic 
Presidential Convention and weeks before the Republican Convention meets, a 
process that is already in doubt in the minds of many will become 
distrusted by all. Senate consideration of a nominee under these 
circumstances is not fair to the president, to the nominee, or to the 
Senate itself.

"Mr. President, where the nation should be treated to a consideration of 
constitutional philosophy, all it will get in such circumstances is a 
partisan bickering and political posturing from both parties and from both 
ends of Pennsylvania Avenue. As a result, it is my view that if a Supreme 
Court Justice resigns tomorrow, or within the next several weeks, or 
resigns at the end of the summer, President 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."

Biden said if Bush were to nominate someone anyway, "the Senate Judiciary 
Committee should seriously consider not scheduling confirmation hearings on 
the nomination until after the political campaign season is over."

Based on Biden's words, it appears he would not have objected to Bush 
nominating someone the day after election day. It would have given the 
Senate more than two and a half months to vote on confirmation.

Biden contended this was not an attempt to play politics with the selection.

"Some will criticize such a decision and say it was nothing more than an 
attempt to save a seat on the court in the hopes that a Democrat will be 
permitted to fill it. But that would not be our intention, Mr. President, 
if that were the course we were to choose in the Senate — to not consider 
holding hearings until after the election. Instead, it would be our 
pragmatic conclusion that once the political season is under way, and it 
is, action on a Supreme Court nomination must be put off until after the 
election campaign is over."

In the case of Obama's nomination of Garland, Democrats have argued that 
the Supreme Court seat should be filled immediately because the court needs 
a deciding vote.

Biden in his 1992 speech addressed that issue, saying that some people "may 
fret that this approach would leave the Court with only eight members for 
some time. But as I see it, Mr. President, the cost of such a result, the 
need to reargue three or four cases that will divide the justices four to 
four are quite minor compared to the cost that a nominee, the president, 
the senate, and the nation would have to pay for what would assuredly be a 
bitter fight, no matter how good a person is nominated by the President, if 
that nomination were to take place in the next several weeks."

On Tuesday, January 31, 2017 at 9:31:51 PM UTC-5, fed up wrote:
>
> Not even comparable.  The Biden rule is that Supreme Court vacancies are 
> not filled during a presidential election for obvious reasons.  Last I 
> checked Biden was a Democrat.  Try again.
>
> *Sent from my Verizon 4G LTE Droid*
> On Jan 31, 2017 8:08 PM, Lobo <[email protected] <javascript:>> wrote:
>
> <<When did the Republicans do it to a Democrats nominee?>>
>
> Has Judge Merrick Garland already been chuted down the GOP Memory Hole?
>
> On Tuesday, January 31, 2017 at 7:57:43 PM UTC-5, fed up wrote:
>
> When did the Republicans do it to a Democrats nominee?  Examples please 
> and then we can examine each one too see if the syllogism holds true.
>
> *Sent from my Verizon 4G LTE Droid*
> On Jan 31, 2017 6:49 PM, Lobo <[email protected]> wrote:
>
> Damn straight! It's one thing for Republicans to do that to a Democratic 
> president's nominees, but *Democrats *doing it to a *Republican *president's 
> nominee?
>
> It's... it's... *UNPRECEDENTED!*
>
> On Tuesday, January 31, 2017 at 2:36:41 PM UTC-5, OhioMark wrote:
>
> And they don't even know who it will be yet. And that folks is all that 
> needs to be said about these fools.
>
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