NYC Boss

NYC Boss

Sorry, Mr. Biden: The voters did pick who should fill the SCOTUS vacancy

Sorry, Mr. Biden: The voters did pick who should fill the SCOTUS vacancy

Commenting on the death of Associate Justice Ruth Bader Ginsburg, Joe Biden said: 

There is no doubt, let me be clear, that the voters should pick the president and the president should pick the justice for the Senate to consider.”

Well Mr. Biden, in case you don’t remember, the voters did pick a president in 2016, and the voters picked Donald J. Trump. Mr. Trump was inaugurated at noon on Jan. 20, 2017, making him the 45th President of the United States.  

Again, in case you can’t recall Mr. Biden, Section 1 of the 20th Amendment of the U. S. Constitution states that Donald J. Trump’s term as president of the United States does not end until noon on Jan. 20, 2021.

And until that time, President Trump holds all the rights and powers as determined by that same U. S. Constitution.

I’m sure Mr. Biden, since you were a member of the U.S. Senate for many years, and presided over the Senate Judiciary Committee when Judge Ginsburg was nominated to the Supreme Court by President Clinton, and was also vice president for eight years, that you know that “The Appointments Clause” is part of Article II, Section 2, Clause 2 of the United States Constitution, which empowers the president of the United States to nominate and, with the advice and consent (confirmation) of the United States Senate, appoint someone to a vacated seat of the SCOTUS.

So now that you’re up-to-speed Mr. Biden, I’m sure you will respect the fact that for another 122 days; roughly 4 months, which amounts to 1/12 of a 4-year term presidential term, President Trump is obligated to fulfill all his duties as a duly elected president of the United States and will be quickly nominating a person to fill the vacancy on the SCOTUS.

And one more thing Mr. Biden, even if you win the election, or if a winner isn’t decided by noon on Jan. 20, 2021, Donald J. Trump will remain president of the United States until that day and time.

The people have spoken Mr. Biden.

Have a nice nap.

Image credit: Twitter screen shot, enhanced with FotoSketcher.

Published at Sat, 19 Sep 2020 05:00:00 +0000