The Biden Rule

Monica Hesse is concerned about the health of Ruth Ginsburg. And rightly so. If kale will keep her going that's all to the good. We all wish her well.

On Tuesday evening, President Trump nominated Neil Gorsuch for deceased Supreme Court Justice Antonin Scalia’s long-empty seat. On Wednesday morning, liberals woke up, did the math and realized it was time to be concerned about Ruth Bader Ginsburg’s fiber intake. Also bone density. Also exposure to airborne viruses (Madame Justice, what is your flu shot status?), and salmonella, and slippery ice, and also: Has anyone heard how scientists are coming along with a Zika vaccine? 

Fortunately, Mitch McConnell (or Mr. Chao as I like to refer to him) was in the Wash Po today too.

When our nation lost Scalia in the middle of a contentious presidential election, I looked to the precedent set forth by Democratic Vice President Joe Biden, who as chairman of the Senate Judiciary Committee declared that Supreme Court vacancies arising in the midst of a presidential election should not be considered until the campaign ended. It was, he said, “what history supports [and what] common sense dictates” and the only way to prevent the nomination process from being further “ racked by discord and bitterness.” It’s what we know today as the Biden Rule. 

Behold the mighty power of Joe Biden. So, if Ms. Ginsburg can hold off retirement until Februaryish of 2020 no replacement by Trump (or more likely Pence, maybe Bannon).