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On "Special Report" tonight, White House Press Secretary Josh Earnest reacted to a clip from 1988 of then-Senate Judiciary Committee Chairman Joe Biden saying that the Senate should wait until after the campaign season was over to nominate a new Supreme Court Justice.

Senate Republicans have cited this so-called "Biden rule" in their decision not to hold a hearing on President Obama's pick for the Supreme Court, Judge Merrick Garland.

"They say that's the same case," Bret Baier said to the White House spokesman.

Earnest said that Biden also indicated in that speech that he would give a fair hearing and an up-and-down vote if then-President Reagan nominated a "consensus pick."

"That's precisely what President Obama has done this time," Earnest said.

Earnest also said that Biden was the Chairman of the Senate Judiciary Committee when Democrats supported Reagan's nominee to the Supreme Court in 1988, Justice Anthony Kennedy.

"So, if we're talking about 'Biden's rules,' I think...the rules are essentially that if the president puts forward a nominee, that person gets a fair hearing and that person gets an up-or-down vote, whether or not Senator Biden supports them. And that's exactly what we're asking the Senate to do this time."

Watch the full interview above.


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