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Bench Memos

NRO’s home for judicial news and analysis.

The “D”emocratic moment



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Senator Biden opined about the importance of the Senate hearings, saying that “[t]he Constitution provides for one democratic moment before a lifetime of judicial independence . . . .” It’s time to read your Constitution, Senator. The most important democratic moment is not the Senate hearings, but is achieved by the people voting into office the President who in fact chooses the nominee. In my memory, this has never been truer than in this last election, when judicial nominations were a prominent campaign issue and served as a deciding factor for many voters when they went to the ballot box. That is, the electorate was peculiarly aware of the importance of this election for judicial nominations. Senator Biden’s statement is a blatant attempt to undermine that important democratic moment in the service of his “D”emocratic objectives.



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