CNN's Jake Tapper shredded Biden Deputy Campaign Manager Kate Bedingfield for the former vice president and his team running with the idea filling a Supreme Court vacancy during an election year is unconstitutional. According to Bedingfield, the Republican-controlled Senate shouldn't move forward with confirming Judge Amy Coney Barrett because "people are voting."
"He said what [the GOP] is doing is not Constitutional. How is it not constitutional what they're doing?" Tapper asked.
"His point is that the people have the opportunity to weigh in on this constitutional process through their vote," Bedingfield explained. "And we are now in the midst of the election. Millions of people have already cast their votes. And you see that the vast majority of people say they want the person who wins the election on November 3rd to nominate the justice."
"That's a poll. That's not the Constitution," Tapper clapped back.
"By trying – that is their constitutional – there is a process of constitutional advise and consent. The American people get to have their say by voting for president, by voting for senators," she explained. "We are now 23 days from the election –"
"Right, but it's not unconstitutional," the CNN host added.
"Again, millions of votes – they're being, voters are being denied their constitutional right to have a say in this process – " Bedingfield attempted to explain.
"They elected the Senate!" Tapper quipped back.
"They're trying to ram through a nominee who, by the way, is going to change the makeup of the court. And we see, time and time again, poll after poll shows that most Americans vehemently disagree with it," she said.
"Again, Kate, that's a poll," Tapper said. "That is not what the word 'constitutional' means. Constitutional doesn't mean I like it or I don't like it. It means it's according to the U.S. Constitution. There's nothing unconstitutional about what the U.S. Senate is doing."
BRUTAL. Tapper takes Biden's deputy campaign manager to task on Biden's accusation that filling a judicial vacancy is 'unconstitutional'— Abigail Marone ???? (@abigailmarone) October 11, 2020
"That's not what the word constitutional means. [It] doesn’t mean I like it or don’t like it. It means it’s according to the US Constitution." pic.twitter.com/8mYgmo9sit
As President Trump has repeatedly said, he was elected to a four-year term. That term ends Jan. 20th when he is either re-inaugurated or Biden is sworn in (depending on the election outcome). His duties don't stop once people start voting. His still has the power and authority to nominate justices for the highest court in the land.
Biden's campaign is running with this talking point because they don't like that Ruth Bader Ginsburg is very, very likely going to be replaced by an originalist, someone who reads the Constitution as it was intended, not interpret it based on their own political leanings.