Former Vice President Joe Biden called Justice Neil Gorsuch’s confirmation to the U.S. Supreme Court the most dangerous accomplishment of the Trump presidency, Wednesday.
Speaking for over an hour on Pod Save America, Biden acknowledged his appointment did not change the ideological distribution of power on the high court, but lamented that Gorsuch’s confirmation entrenched originalist views on the high court for decades.
“The single most damaging thing thus far, short of what may happen to our foreign policy, was Gorsuch going to the court,” the former vice president said.
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He elsewhere accused the president and Senate Republicans of “prostituting democratic processes” given the year-long blockade of Judge Merrick Garland‘s nomination to the vacancy occasioned by the late Justice Antonin Scalia’s death.
Biden also urged Democrats not to replicate the GOP’s Garland strategy should they take back the Senate in November. Citing his experience as chairman of the Senate Judiciary Committee, Biden argued judicial nominees can be defeated through ordinary confirmation procedures as opposed to radical measures. He specifically referenced the failed 1987 nomination of Judge Robert Bork to the Supreme Court, in which Biden led a concerted attack by Senate Democrats to cast Bork as a partisan, ideological extremist.
The tactic worked, and Bork’s confirmation failed on a 58 to 42 vote. Justice Anthony Kennedy eventually filled the seat.
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