FLASHBACK: Joe Biden Wrote the Obstructionist Playbook on ‘Borking’ a President’s Nominee
With news of the sudden death of Justice Antonin Scalia, the Obama White House and Democratic candidate Hillary Clinton are already staking a position that President Obama, and not his successor, should appoint Scalia’s replacement. But it’s useful to remember that one member of the Obama administration – Vice President Joe Biden – once had a very different opinion on the Senate’s ability to block a president’s nominee at all costs.
Following the retirement of Supreme Court Justice Lewis Powell in 1987, President Reagan nominated Judge Robert Bork.
One of the key Democrats leading the charge was then Senator Joe Biden, the Chairman of the Senate Judiciary Committee.
A legal brief called the Biden Report was drafted to dissect Bork’s background and positions with the clear intention of opposing him. Bork would later write that the Biden Report “so thoroughly misrepresented a plain record that it easily qualifies as world class in the category of scurrility.”
Ultimately, Biden’s Judiciary Committee rejected Bork’s nomination by a 9-5 vote, and eventually the full Senate would vote against his confirmation by 58-42.
The lasting legacy of the Bork nomination was the unprecedented viciousness of the campaign to block him, which has been the standard for Supreme Court nominations ever since. Indeed, the dictionary now contains the verb “bork” to describe the obstruction of a nominee “through systematic defamation or vilification.”
Bork had a hearing and confirmation vote right?