Biden’s False and Exaggerated Supreme Court Claims

In remarks following the death of Associate Justice Ruth Bader Ginsburg, Democratic presidential nominee Joe Biden made several false and exaggerated claims while arguing that the Senate should wait until after the Nov. 3 election to let the next president choose her Supreme Court replacement. 

  • Biden falsely claimed that “there’s no court session between now and the end of this election.” The next Supreme Court session begins Oct. 5, nearly a full month before Election Day.
  • Biden said, “I think the fastest justice ever confirmed was 47 days.” That’s false; since 1975, the shortest time from formal nomination to confirmation was 19 days. 
  • Biden exaggerated when he said that 30% to 40% of Americans “will have voted by Oct. 1.” His campaign later told us he meant by Nov. 1 — two days before Election Day.
  • He also wrongly claimed the Trump

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