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Campaign Press Release - Where's Biden's List?

September 21, 2020

Biden continues to stonewall on releasing his Supreme Court List – what is he hiding?

Key Takeaways:

  • In June, Joe Biden pledged to release a list of potential Supreme Court nominees that he would select from if he was elected.
    • Biden even suggested that his campaign was actively "vetting" candidates.
    • But now that a vacancy on the Court has opened up, Biden is refusing to release a list.
  • Instead, Biden is trying to deflect and distract from his refusal to show the American people who he would put on the Supreme Court.
    • Yesterday, Biden falsely claimed that President Trump and his campaign only called on him to release a list after the passing of Justice Ruth Bader Ginsburg.
    • As even CNN admitted: "This is just wrong. The Trump campaign and Trump himself had repeatedly said prior to Ginsburg's death that Biden should release a list of prospective Supreme Court nominees."
    • Numerous times over several months, President Trump and his campaign have repeatedly called on Biden to release a list.
  • Unlike Biden, President Trump has been transparent and upfront with the American people about who he would appoint to our nation's highest court.

BIDEN WILL NOT RELEASE A LIST OF POTENTIAL SUPREME COURT NOMINEES, AFTER SAYING HE WOULD

Less Than Three Months Ago, Biden Said He Would Release A List Of Potential Supreme Court Nominees

In June, Biden "Seemingly Committed To Releasing A Shortlist Of Black Women He Would Consider As Potential Supreme Court Nominees" Ahead Of The Election. "Former Vice President Joe Biden on Tuesday seemingly committed to releasing a shortlist of Black women he would consider as potential Supreme Court nominees ahead of November's general election We are putting together a list of a group of African American women who are qualified and have the experience to be on the court,' Biden told reporters in Wilmington, Del., after delivering a speech focused on President Donald Trump's response to the coronavirus pandemic." (Quint Forgey, "Biden Says He'll Release List Of Black Women As Potential SCOTUS Nominees," Politico, 6/30/20)

  • Biden: "We Are Putting Together A List Of A Group Of African-American Women, Who Are Qualified And Have The Experience To Be On The Court. I Am Not Going To Release That Until We Go Further Down The Line In Vetting Them." REPORTER: "And on another issue, that's been in the news last week this week, probably next week, the Supreme Court. The President said he's going to issue an updated list of potential nominees to the Court. You have said you would put a Black woman on the court, should a spot open up. But there are groups calling for you to release a list of specific names you'd put on the court. Are you going to do that?" JOE BIDEN: "One thing I hesitate to do, is to follow anything the President does at all, because he usually does it all wrong. We are putting together a list of a group of African-American women, who are qualified and have the experience to be on the Court. I am not going to release that until we go further down the line in vetting them, as well." (Joe Biden, Remarks On COVID-19 And The Economy, Wilmington, DE, 6/30/20)


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Progressive Activists At The Time Called On Biden To Release His List. "Progressive activists have called upon Biden to release a list of candidates he would consider appointing to the Supreme Court — a tactic Trump memorably embraced in 2016 in an effort to shore up conservative support during his first White House bid." (Quint Forgey, "Biden Says He'll Release List Of Black Women As Potential SCOTUS Nominees," Politico, 6/30/20)

Now That There Is A Vacancy, Biden Is Saying He Won't Release A List

On September 19, A Biden Campaign Aide Said Biden Would Not Release The Names Of Any Potential Supreme Court Nominees Unless He Is Elected. "Don't expect a list of potential #SCOTUS nominees from Biden. From a campaign aide: 'The person who wins the election on November 3rd should get to nominate the next Justice. If Biden is fortunate enough to win that election, he will make a nomination ...'" (Ken Thomas, Twitter, 9/19/20)

Yesterday, Biden Criticized The Idea Of Releasing A List, And Said "There's A Reason Why No Presidential Candidate, Other Than Donald Trump, Has Ever Done Such A Thing." JOE BIDEN: "We can't keep rewriting history, scrambling norms, ignoring our cherished system of checks and balances. That includes this whole business of releasing a list of potential nominees that I would put forward. They're now saying, after Ruth Bader Ginsburg passed away, they said, 'Biden should release his list.' It's no wonder the Trump campaign asked that I release the list only after she passed away. It's a game for them. It's a play to [inaudible] up emotions and anger. There's a reason why no presidential candidate, other than Donald Trump, has ever done such a thing." (Joe Biden, Remarks, Philadelphia, PA, 9/20/20)

To Distract From His Refusal To Release A List, Biden Is Lying About The Record

Yesterday, Biden Falsely Claimed That The Trump Campaign Only Called On Him To Release A List After Justice Ruth Bader Ginsburg Passed Away. JOE BIDEN: "After Ruth Bader Ginsburg passed away, they said Biden should release his list. It's no wonder the Trump campaign asked that I release the list only after she'd passed away. It's a game for them. It's a play to gin up emotions and anger." (Joe Biden, Remarks At A Campaign Event, Philadelphia, PA, 9/21/20)


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CNN: "This Is Just Wrong. The Trump Campaign And Trump Himself Had Repeatedly Said Prior To Ginsburg's Death That Biden Should Release A List Of Prospective Supreme Court Nominees." (Daniel Dale, "Fact Check: Biden Falsely Claims Trump Campaign Only Asked Him For Supreme Court List After Ruth Bader Ginsburg Died," CNN, 9/20/20)

  • ABC News' Will Steakin: "Biden Claims Trump Campaign Didn't Ask For His SCOTUS List Until After RBG's Death. That's Just Not True. Here's An Official Trump Campaign Statement Nearly Two Weeks Before Her Death:" (Will Steakin, Twitter, 9/20/20)


  • NPR's Arnie Seipel: "FACT CHECK: Biden Said There's No Supreme Court Term Until After Election. That's False. First Arguments Of The New Term, As Ever, Begin The First Monday In October. Biden Also Said Trump Campaign Only Started Asking For His SCOTUS List After Ginsburg's Death. Not True Either." (Arnie Sepel, Twitter, 9/20/20)


On June 20, President Trump Said: "Biden Can't Release His List Because The Names Would Be Too Extreme, Too Radical." (President Trump Remarks, 6/20/20)

On September 9, President Trump Said: "Joe Biden Has Refused To Release His List" Because His Potential Picks Are "Extremely Far Left." (President Trump Remarks, 9/9/20)

On September 9, President Trump Released His New List Of Potential Nominees And Demanded Biden Do The Same. ("President Trump Releases List Of Prospective Supreme Court Nominees, Biden Must Do The Same," Donald J. Trump For President, 9/9/30)

On September 17, President Trump's Campaign Highlighted That Biden Would Not Say Who He Would Nominate To The Supreme Court. ("Who Would Joe Biden Put On The Supreme Court? He Won't Say." Donald J. Trump For President, 9/17/20)

PRESIDENT TRUMP RELEASED A LIST AS PROMISED

President Trump Has Been Transparent With Voters, Releasing Four Lists Of Potential Supreme Court Nominees

In March 2016, Trump Promised To Release A List Of Potential Supreme Court Nominees. DONALD J. TRUMP: "And one of the things I'm going to do, and this is perhaps breaking. I am gonna give a list of either five or ten judges that I will pick. 100 percent pick. That I will put in for nomination . . . Because a lot of people, a lot of people are very worried that if I got in, that if I got in, I would put in the wrong judges. And I'm gonna put in the right judges, okay? I'm going to put in great conservative judges, great intellects, the people that you want." (Donald J. Trump, Remarks At News Conference, 3/21/16)


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In May 2016, Then-Candidate Trump Released A List Of 11 Potential Supreme Court Nominees.(Press Release, "Donald J. Trump Releases List Of Potential United States Supreme Court Justices," Donald J. Trump For President, 5/18/20)

In September 2016, Then-Candidate Trump Released A List Of 10 Additional Potential Supreme Court Nominees. (Reena Flores and Major Garrett, "Donald Trump Expands List Of Possible Supreme Court Picks," CBS News, 9/23/16)

  • This List Included Now-Supreme Court Justice Neil Gorsuch. (Reena Flores and Major Garrett, "Donald Trump Expands List Of Possible Supreme Court Picks," CBS News, 9/23/16)

In November 2017, President Trump Released A List Of 24 Potential Supreme Court Nominees. ("President Donald J. Trump's Supreme Court List," The White House, 11/17/17)

  • This List Included Now-Supreme Court Justice Brett Kavanaugh. ("President Donald J. Trump's Supreme Court List," The White House, 11/17/17)

On September 9, President Trump Released His New List Of 20 Potential Nominees. "President Donald J. Trump today released a list of twenty additional names he will consider nominating as U.S. Supreme Court justices should vacancies occur on the high court in the coming months or in a second term. President Trump released a similar well-received list during the 2016 campaign because voters deserve a clear understanding of a candidate's vision of the direction of the Supreme Court." (Press Release, "President Trump Releases List Of Prospective Supreme Court Nominees, Biden Must Do The Same," Trump For President, 9/9/20; "Additions to President Donald J. Trump's Supreme Court List," The White House, 9/9/20)

Donald J. Trump, Campaign Press Release - Where's Biden's List? Online by Gerhard Peters and John T. Woolley, The American Presidency Project https://www.presidency.ucsb.edu/node/345498

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