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Joe Biden refuses to attack Amy Coney Barrett calling her a 'very fine person' but says her nomination puts Roe v. Wade and Obamacare 'on the ballot'

 Democratic nominee Joe Biden refused to attack President Donald Trump's choice for the Supreme Court Judge Amy Coney Barrett during Tuesday night's first presidential debate.  

'I'm not opposed to the justice, she seems like a very fine person,' Biden said. 

He did argue that her nomination put the future of Obamacare and the landmark abortion case Roe v. Wade 'on the ballot.'  

Barrett's nomination was the first topic of the Cleveland, Ohio debate, which was riddled with insults and interruptions throughout the 90-minute span. 

Democrat Joe Biden
President Donald Trump

Democratic nominee Joe Biden (left) called President Donald Trump's (right) Supreme Court pick Amy Coney Barrett a 'very fine person' but warned debate viewers that she could kill Obamacare and Roe v. Wade 

The topic of Judge Amy Coney Barrett's nomination to the Supreme Court was the first subject to come up during Tuesday night's first presidential debate in Cleveland, Ohio

The topic of Judge Amy Coney Barrett's nomination to the Supreme Court was the first subject to come up during Tuesday night's first presidential debate in Cleveland, Ohio 

Biden and Trump begin debate by sparring on healthcare and SCOTUS
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Trump scoffed at Biden's wording, after the vice president pointed out that abortion rights are now a campaign issue. 

'You don't know what's on the ballot. Why is it on the ballot? Why is it on the ballot. It's not on the ballot,' Trump said. 

The ex-veep jumped in stating, 'It's on the ballot in the court.' 

'I don't think so,' the president shot back.  

Biden then simply that said it's 'in the court.' 

'Donald would you just be quiet for a minute,' Biden said as Trump continued to talk. 

Trump then accused Biden of now knowing Barrett's view of Roe v. Wade.   

The president's decision to go ahead and nominate Barrett and press Senate Republicans to give her a floor vote is controversial because in 2016 Senate Majority Leader Mitch McConnell wouldn't do the same for President Barack Obama, who nominated Judge Merrick Garland in March of that year.  

McConnell had seemingly set a precedent not to move Supreme Court picks during a presidential election year - until the White House and Senate majority represented the same party. 

'We won the election and therefore we have the right to choose her and very few people knowingly would say otherwise,' Trump said on the debate stage. 'And by the way, the Democrats, they wouldn't even think about not doing it.' 

Trump pointed to the example of Garland. 

'But the problem is they didn't have the election so they were stopped,' Trump said. 

Democrats didn't have a House nor a Senate majority in 2016 - but Americans had re-elected Obama to the White House in 2012. 

Biden argued pushing a justice through now was even more unfair because people were already starting to vote. 

'The American people have a right to have a say in who the Supreme Court nominee is and that occurs when they vote for United States senators and when they vote for president of the United States,' the Democrat said. 'They're not going to get that chance now because we're in the middle of an election already. The election has already started.' 

Biden pressed the point that 'we should wait.' 

'We should wait and see what the outcome of this election is because that's the only way the American people get to express their view is by who they elect as president and who they elect as vice president,' Biden said.   

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