Vice President Biden said Thursday Democrats shouldn't try to keep President-elect Donald Trump Donald John TrumpBarr criticizes DOJ in speech declaring all agency power 'is invested in the attorney general' Military leaders asked about using heat ray on protesters outside White House: report Powell warns failure to reach COVID-19 deal could 'scar and damage' economy MORE's Supreme Court nominee from getting a hearing and a vote in the Senate.

Biden called the tactic "fundamentally unconstitutional," pointing to the GOP's refusal to consider President Obama's nominee, Merrick Garland, for months.

"Implicit in the Constitution is that the Senate will act on its constitutional responsibility, give its advice and consent," Biden said in an interview with "PBS Newshour."

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"No one is required to vote for the nominee but they, in my view, are required to give the nominee a hearing and a vote."

Following the death of Supreme Court Justice Antonin Scalia, Republicans refused to hold a hearing or vote for Garland.

Now Trump will be responsible for nominating a judge to fill the seat.

But Biden advised Democrats against employing a similar strategy.

"I think the Democrats should not take up what I think is a fundamentally unconstitutional notion that the Republicans initiated 10 months ago. I think they should see who they nominate and vote on them," Biden said.

But Senate Republicans at the time argued they were just following what they dubbed the "Biden rule."

In 1992 Biden, then a senator from Delaware, argued that the upper chamber should delay consideration of a hypothetical Supreme Court nominee until after that year's elections.

Biden later accused Republicans of quoting selectively from his speech.

Senate Minority Leader Charles Schumer Chuck SchumerDemocrats scramble on COVID-19 relief amid division, Trump surprise Pelosi, Schumer 'encouraged' by Trump call for bigger coronavirus relief package Schumer, Sanders call for Senate panel to address election security MORE (D-N.Y.) said this week Democrats would oppose a Supreme Court nominee they didn't agree with "tooth and nail."

“We are not going to settle on a Supreme Court nominee if they don’t appoint someone who is really good,” Schumer said Tuesday.

“We’re going to oppose them tooth and nail. Now, then, they won’t have 60 votes to put in an out-of-the-mainstream nominee. Then they’ll have to make a choice, change the rules. It’s going to be hard for them to change the rules because there are a handful of Republicans who believe in the institution of the Senate and they don’t change the rules.”