As a reason to delay filling the Supreme Court vacancy, former Vice President Joe Biden falsely claimed on Sunday there is no Court session before the election.
“The United States Constitution was designed to give voters one chance, one chance to have their voice heard (about) who serves on the Court,” Biden said.
“And by the way, there’s no Court session between now and the end of this election,” he said while arguing “the next president” should make the pick.
That is false, as it is tradition that the Supreme Court convenes for a new session every October.
According to the schedule posted on the Supreme Court website, the Court will hold an opening conference on September 29 and hear oral arguments on October 5. The Court will also hear arguments on Election Day itself and for several days prior.
Several outlets that traditionally look the other way on Biden’s errors fact-checked him.
CNN’s Daniel Dale called out Biden for “falsely” making the claim.
Biden also falsely said: "By the way, there's no Court session between now and the end of this election." The court's next session begins on October 5, nearly a month before Election Day.
— Daniel Dale (@ddale8) September 20, 2020
Arnie Seipel of NPR issued a similar fact check:
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 Seipel, NPR (@NPRnie) September 20, 2020
“That’s false,” Seipel of Biden’s statement. “First arguments of the new term, as ever, begin the first Monday in October.”
Johnny Verhovek of ABC News reported the former Senate Judiciary Committee chairman’s claim was not in his prepared text and “appears to have been ad-libbed”:
The line in Biden's speech where he falsely claimed there is no Supreme Court session between now and Election Day is not in the prepared remarks released by his campaign, appears to have been ad-libbed
— Johnny Verhovek (@JTHVerhovek) September 20, 2020
Kyle Olson is a reporter for Breitbart News. He is also host of “The Kyle Olson Show,” syndicated on Michigan radio stations on Saturdays. Listen to segments on YouTube or download full podcast episodes. Follow him on Twitter, like him on Facebook, and follow him on Parler.