White House press secretary Josh Earnest was asked Wednesday why the Obama administration opposed Republican senators applying the “Biden rule” to the most recent Supreme Court nomination.

“They say that’s the same case,” host Bret Baier said after playing a 1992 clip of then-Sen. Joe Biden arguing against nominating a justice during an election year.

The press secretary argued that Biden “also indicated” in the speech that if the president put forth a “consensus pick” he would “give that person a fair hearing in an up or down vote.”

“That’s precisely what President Obama has done this time,” Earnest said.

Obama on Wednesday nominated Judge Merrick Garland to fill the vacancy on theSupreme Court left by the death to Justice Antonin Scalia.

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