McConnell says the Biden Rule has no effect because there’s no political split between the senate and the presidency.

Like the so-called “Biden Rule,” the standard that McConnell advocated in 2016 was that a Supreme Court vacancy should not be filled in an election year when the political party that has a majority in the Senate is not the same political party that controls the White House.

“You can disagree with the McConnell rule, which was previously known as the Biden rule, but you should describe it accurately. It’s no confirmations in a presidential election year *when senate and presidency are held by different parties.* Doesn’t apply this year,” commentator Mollie Hemingway tweeted.

You can disagree with the McConnell rule, which was previously known as the Biden rule, but you should describe it accurately. It's no confirmations in a presidential election year *when senate and presidency are held by different parties.* Doesn't apply this year. — Mollie (@MZHemingway) September 19, 2020

The Blaze:

It took just minutes after the announcement of Ruth Bader Ginsburg’s death for Republicans and Democrats to begin fighting over whether President Donald Trump should nominate a judge to fill the new vacancy on the high court and whether the Senate should consider whomever Trump nominates. Citing the so-called “McConnell Rule,” Democrats have claimed that Senate Majority Leader Mitch McConnell (R-Ky.) should wait until after the election to consider filing the vacancy. For example, Ian Sams, a former aide to Hillary Clinton and Kamala Harris, said, “No SCOTUS justice before the election. McConnell rule.” But McConnell was quick to announce Friday that the Senate will, in fact, vote on Trump’s nominee. “President Trump’s nominee will receive a vote on the floor of the United States Senate,” McConnell said. The announcement was immediately met with claims that McConnell has hypocritically reversed his position in 2016, when he blocked Merrick Garland, then-President Barack Obama’s nominee to fill a Supreme Court vacancy left by Antonin Scalia’s sudden death. More

Democrats have claimed that Senate Majority Leader Mitch McConnell should wait until after the election to consider filing the vacancy while misrepresenting the “McConnell Rule:”

No SCOTUS justice before the election. McConnell rule. https://t.co/nFoXuX9qwr — Ian Sams (@IanSams) September 18, 2020

Knowing that Mitch McConnell is about to make a liar of himself (again) by abandoning his Merrick Garland rule, Republicans should just stop using words entirely and begin communicating only in grunts and foot stomps. They have no principles and worship only power. — Walter Shaub (@waltshaub) September 18, 2020

If Republicans refuse to follow their own McConnell Rule, about confirming a justice in a presidential election year, then Democrats should, with zero ambiguity, promise to expand the court if they win this November. Expand it to 15. — Markos Moulitsas (@markos) September 19, 2020

It seems like the only available move for Democrats is to a) Go on a public relations blitz hyping the “McConnell rule” and trying to tie marginal Republican senators to it and b) levy a credible threat of court packing if the seat is filled before January 2021. — b-boy bouiebaisse (@jbouie) September 18, 2020

Trump gets to fill a liberal SCOTUS vacancy less than two months before the election. Does the McConnell rule apply? https://t.co/XdOJdjAESq — Josh Kraushaar (@HotlineJosh) September 18, 2020

McConnell stonewalled Obama for 11 MONTHS. That is how Gorsuch ended up on the Court. RBG died on the first day of voting in the most consequential election of our lifetime. He must be held to his own made up rules, & the Dems should shutdown Congress if need be. ENOUGH. pic.twitter.com/0nlig2jcpw — Arianeh Sajadi (@ArianehSajadi) September 19, 2020

Appalling that on the night Justice Ginsburg died (Rosh Hoshanah!), Senate Majority Leader McConnell announces he will violate his own rule (and her express wishes) by rushing to replace her. A new low on a high holiday. https://t.co/4UO3xsZekV — Rep. Jamie Raskin (@RepRaskin) September 19, 2020

Scalia died 270 days before the presidential election and Mitch McConnell said the American people should vote before a judge is confirmed to replace him. RBG has died 46 days before the election. Same rule, Mitch. #mcconnellrule — Seth Bomse (@snbomse) September 18, 2020

If McConnell hadn’t pulled his Garland crap, I think the whole country would be, well, this is the way the system works. Given that he invented a rule and now repudiates its by adding “except on Tuesdays” BS standard, I think he will tear the country apart. — Kurt Eichenwald (@kurteichenwald) September 19, 2020

In March of 2016, President Obama nominated Garland for the SCOTUS. McConnell blocked any vote stating that the Senate would abide by the “Biden Rule”: that a president should not appoint a Justice after the Summer in an election year. Why doesn’t this matter anymore, Mitch? pic.twitter.com/B48CCJx7qj — Darren (@DarrenR701) September 19, 2020

Remember Senator McConnell’s demand that SCOTUS vacancies go unfilled during a presidential election year, which was also Justice Ginsburg’s dying wish. McConnell pleaded with us to let the voters have the last word. Every Senator should be asked to commit to the McConnell Rule. — Senator Dick Durbin (@SenatorDurbin) September 19, 2020