Even CNN fact-checked Biden’s ‘not constitutional’ claim on Amy Coney Barrett confirmation

CNN loves Joe Biden. Perhaps they don’t “love” him as their preferred person to be carrying the anti-Trump mantle, but they must publicly act like they adore him. In the eyes of their viewers and scant readers of their website, it’s important to the heads at CNN that the Democratic nominee must be painted as perpetually walking on water. That’s why their latest fact-check on him is so startling.

According to their fact-check:

In the lead up to Monday’s confirmation hearings to install Judge Amy Coney Barrett on the US Supreme Court, Democratic presidential candidate and former Vice President Joe Biden raised concerns that the efforts to put Barrett on the court are unconstitutional and exemplify court packing.

“The only court packing going on right now, is going on with Republicans packing the court now,” Biden told reporters on Saturday. “It is not constitutional what they are doing.”

Facts First: This is false. Legal experts say there is nothing strictly unconstitutional about Barrett’s confirmation process. When asked by CNN, the Biden campaign argued that the Senate’s push to confirm Barrett ahead of the election doesn’t violate a specific clause of the Constitution, but people’s constitutional right to have a say in who makes the nomination. According to his campaign, Biden’s comments refer to the principles and spirit of the Constitution, which they insist the effort to confirm Barrett before the election violates.

Article II, section 2 of the Constitution states that the President “shall nominate, and by and with the Advice and Consent of the Senate, shall appoint … Judges of the supreme Court.”

“President Trump has the constitutional power to ‘nominate’ Judge Barrett to be a Supreme Court Justice, and the Senate has the constitutional power to ‘consent’ to that,” Eugene Volokh, a professor at UCLA School of Law, told CNN. “That’s all the Constitution says on the subject, and no precedents have added any extra requirements to that.”

Josh Blackman, a South Texas College of Law professor who specializes in constitutional law, told CNN, “I have no idea what VP Biden meant.”

You know it had to hurt for CNN to report on Joe Biden’s lies. But when the lie is THAT big regarding Amy Coney Barrett and the constitutionality of her confirmation, even CNN had to acknowledge it as fake news.

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