Biden warns of 'patchwork Constitution' with eight-justice Supreme Court
Vice President Joe Biden on Thursday warned of a “patchwork Constitution” as he called for a vote on Supreme Court nominee Merrick Garland.
Speaking at Georgetown University’s law school on Thursday, Biden said a failure to act on Garland’s nomination “can lead to a genuine constitutional crisis, born out of the dysfunction of Washington.” CBS News and the Guardian covered his speech.
Biden warned of possible tie votes on an eight justice Supreme Court that would leave in place inconsistent appellate rulings. “We could end up with a patchwork Constitution inconsistent with equal justice and the rule of law,” he said.
Garland, chief judge of the U.S. Court of Appeals for the D.C. Circuit, won’t participate in cases while his nomination is pending, according to an announcement by the court. Garland will continue, however, with his administrative duties as chief judge, the National Law Journal (sub. req.) reports. Garland will still be paid—he makes $215,400 a year—and his clerks will remain employed.
In his remarks on Thursday, Biden defended a 1992 Senate speech he gave in which he called for delayed consideration of a Supreme Court nominee in an election year. Biden said he was talking about the dangers of nominating an extreme candidate without consulting the Senate.
“I said and I quote, ‘If the president consults and cooperates with the Senate or moderates his selections absent consultation, then his nominees may enjoy my support, as did Justices Kennedy and Souter,’ ” Biden said.
Biden said President Obama recognized the government is divided and “chose the course of moderation” when he nominated Garland.
