During an Oval Office discussion on who to pick to replace Justice Stephen Breyer Joe Biden said “there’s always a renewed national debate every time we nominate, any president nominates a justice, because the Constitution is always evolving slightly in terms of additional rights, or curtailing rights, etc.”
Biden: “What we are going to do, as I’ve said before and I went back and looked at some of the opening statements I made from justices over the years, that you know, Constitution says advice and consent. Advice and consent. And I’m serious when I say it, that I want the advice of the Senate as well as the consent we can arrive on who the nominee should be.
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And you know, it’s — there’s always a renewed national debate every time we nominate, any president nominates a justice, because the Constitution is always evolving slightly in terms of additional rights, or curtailing rights, etc. And it’s always an issue. And there are several schools of thought in terms of judicial philosophy, and we’ll see.
But the fact is that I’m looking for someone who I can — this is not a static issue, it flows back and forth — and I’m looking for a candidate with character, with qualities of a judge in terms of being courteous to the folks before them and treating people with respect, as well as a judicial philosophy that is more one that suggests that there are [indecipherable] Constitution and all the amendments mean something including the Ninth Amendment.
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And — but I intend to take this decision — make this decision and get it to my colleagues by — by the end of the month, that’s my hope. And — I’m looking forward to their advice in how to proceed and how the hearing will be conducted and the like. So, thank you very much. We are going to get a chance to talk. I want to hear from them today. Thank you.”