> * One because the elected Republicans fought to deny Obama the nomination Actually, this rule, the so-called "Biden Rule" was created by Joe Biden in 1992 in

> * One because the elected Republicans fought to deny Obama the nomination Actually, this rule, the so-called "Biden Rule" was created by Joe Biden in 1992 in explaining his refusal to "confirm any election-year Bush nominees leaned explicitly on the different standards applicable to divided government" [1] > Were there a vacancy, Biden argued, Bush should “not name a nominee until after the November election is completed,” and if he did, “the Senate Judiciary Committee should seriously consider not scheduling confirmation hearings on the nomination until after the political campaign season is over.” U.S. Supreme Court Associate Justice Antonin Scalia. (J. Scott Applewhite/AP) [2] > “Senate consideration of a nominee under these circumstances is not fair to the president, to the nominee, or to the Senate itself,” he continued. “Where the nation should be treated to a consideration of constitutional philosophy, all it will get in such circumstances is partisan bickering and political posturing from both parties and from both ends of Pennsylvania Avenue.” [2] [1] https://www.nationalreview.com/2020/08/history-is-on-the-side-of-republicans-filling-a-supreme-court-vacancy-in-2020/amp/ https://www.nationalreview.com/2020/08/history-is-on-the-sid... [2] https://www.washingtonpost.com/politics/joe-biden-in-1992-no-nominations-to-the-supreme-court-in-an-election-year/2016/02/22/ea8cde5a-d9b1-11e5-925f-1d10062cc82d_story.html https://www.washingtonpost.com/politics/joe-biden-in-1992-no...