President Biden expressed his frustration on Monday regarding Senate Republicans’ decision to block Merrick Garland’s Supreme Court nomination while confirming Amy Coney Barrett. He described it as a “blatant attack on nominating and confirming justices to the court itself.”
Biden criticized the tactics that have shifted the court to the right as he outlined proposed reforms for the Supreme Court, including 18-year term limits and a new ethics code for justices. These proposals are widely seen as a messaging effort rather than a serious legislative push.
“Y’all remember when Justice [Antonin] Scalia died in February of 2016 and the Republicans blocked our — the president’s nomination, President Obama’s nomination to fill that vacancy for nearly a year by making up an entirely new standard that there be no confirmations of the court during an election year,” Biden said in a speech at the LBJ Presidential Library in Austin, Texas.
“But then, when Justice [Ruth Bader] Ginsburg died in 2020, Republicans rushed through President Trump’s nominee at the very same time votes are being cast in an election that Trump would lose. It’s outrageous!”
Sen. Mitch McConnell (R-Ky.), who was Senate majority leader at the time, led the Republican strategy in the Supreme Court confirmation battles. He argued in 2020 that his actions were not hypocritical, stating that waiting until after an election was “the historically normal outcome when you have divided government.”
Biden nominated Garland in 2021 to serve as attorney general. However, Republicans frequently accuse Garland of political bias, particularly in connection to criminal investigations involving Biden and his family, as well as prosecutions against former President Donald Trump.
The contrasting handling of Garland’s and Barrett’s nominations has been a point of contention, highlighting the partisan divisions over Supreme Court appointments. Biden’s speech and proposed reforms reflect ongoing debates about the politicization of the judicial nomination process and the future direction of the Supreme Court.
As the political landscape continues to evolve, Biden’s comments underscore the importance of judicial appointments and the lasting impact they have on the nation’s highest court. The proposed reforms, while unlikely to pass, signal a growing desire among some lawmakers to address perceived imbalances and ensure the integrity of the judicial system.