In the debates Biden made a misleading claim.
BIDEN: “So the thing that should happen is we should wait. We should wait and see what the outcome of this election is, because that is the only way the American people get to express their view, who they elect as president and who they elect as Vice President.”
FACT: History is on the side of filling the Supreme Court vacancy now, and Joe Biden previously said the President had an obligation to name a nominee, even in an election year.
- There have been 29 prior Supreme Court vacancies in American history during a Presidential election year, and in all cases, the President nominated a Justice.
- 17 out of 19 times the Senate has confirmed the President’s Supreme Court nominee in an election year when the President’s party controls the Senate as it does today.
- In 2016, Biden said that he supported confirming a Supreme Court Justice in an election year “even a few months before a presidential election.”
- Biden in 2016: “In my view, [Senators] are required to give the nominee a hearing and a vote.”
Previous Fact Checks
- BIDEN: Voters “Don’t Deserve” To Know My Position on Court Packing
- Flustered Nancy Pelosi: “We’re Going to Be Talking About the 25th Amendment.”
- FACT CHECK: Susan Page is Flat Out Wrong–Economic Growth Hasn’t Stalled
- Fact Check: Did Biden Say No Coal Power Plants Will Ever Be Built In America If He Wins?
- Fact Check: Biden Says “We should wait and see what the outcome of this election is, because that is the only way the American people get to express their view, who they elect as president and who they elect as Vice President.”
- Fact Check: Biden Says “There’s a hundred million people with preexisting conditions and [their insurance will] be taken away as well.”
- Fact Check: Biden Says He’s “Not Opposed to the Justice” Nominee Amy Coney Barrett
- Fact Check: Did the Obama/Biden Administration Deplete the Federal Stockpile of N95 Masks And Not Build Back The Supply?
- FACT CHECK: Did Biden Use the N-Word 13 Times?
- FACT CHECK: Biden Wrong to Say, “I’ve Never Spoken to My Son About” Ukraine Business Deals
- Fact Check: Did Amy Coney Barrett Take a Swipe at Trump in 2016?