Biden says election winner should get to pick SCOTUS nominee, what he said in 2016 was different

Friday, Joe Biden appeared to struggle while reading prepared remarks after the passing of Justice Ginsburg.

“There is no doubt, let me be clear,” Biden said “That the voters should pick the president & the president should pick the justice for the Senate to consider.”

“This was the position the Republican Senate took in 2016 when there were almost 10 months to go before the election. That’s the position the United States Senate must take today.”

In a Speech Sunday, Biden reiterated his positions.

“If Donald Trump wins the election, then the Senate should move on his selection and weigh the nominee he chooses fairly,” Biden said.

“But if I win this election, President Trump’s nominee should be withdrawn. As the new president, I should be the one who nominates Justice Ginsburg’s successor, a nominee who should get a fair hearing in the Senate.”

Some Conservatives have pointed to what Biden said after Scalia’s death in 2016 and accused him of hypocrisy.

In 2016, Bidne wrote in a NY Times Op-Ed “The president has the constitutional duty to nominate; the Senate has the constitutional obligation to provide advice and consent.”

“It is written plainly in the Constitution that both presidents and senators swear an oath to uphold and defend,” Biden added.  “That’s why I was so surprised and saddened to see Republican leaders tell President Obama and me that they would not even consider a Supreme Court nominee this year. No meetings. No hearings. No votes. Nothing. It is an unprecedented act of obstruction. And it risks a stain on the legacy of all those complicit in carrying out this plan.”