While chairman, Biden presided over the two most contentious U.S. Supreme Court confirmation hearings in history, those for Robert Bork in 1987 and Clarence Thomas in 1991. In the Bork hearings, Biden stated his opposition to Bork soon after the nomination, reversing an approval in an interview of a hypothetical Bork nomination he had made the previous year and angering conservatives who thought he could not conduct the hearings dispassionately. At the close, Biden won praise for conducting the proceedings fairly and with good humor and courage, as his 1988 presidential campaign collapsed in the middle of the hearings. Rejecting some of the less intellectually honest arguments that other Bork opponents were making, Biden framed his discussion around the belief that the U.S. Constitution provides rights to liberty and privacy that extend beyond those explicitly enumerated in the text, and that Bork's strong originalism was ideologically incompatible with that view. Bork's nomination was rejected in the committee by a 9–5 vote, and then rejected in the full Senate by a 58–42 margin.
In the Thomas hearings, Biden's questions on constitutional issues were often long and convoluted, sometimes such that Thomas forgot the question being asked. Thomas later wrote that despite earlier private assurances from the senator, Biden's questions had been akin to a beanball. The nomination came out of the committee without a recommendation, with Biden opposed. In part due to his own bad experiences in 1987 with his presidential campaign, Biden was reluctant to let personal matters enter into the hearings. Biden initially shared with committee, but not the public, Anita Hill's sexual harassment charges, on the grounds she was not yet willing to testify. After she did, Biden did not permit other witnesses to testify further on her behalf, such as Angela Wright (who made a similar charge) and experts on harassment. Biden said he was striving to preserve Thomas's right to privacy and the decency of the hearings. The nomination was approved by a 52–48 vote in the full Senate, with Biden again opposed. During and afterwards, Biden was strongly criticized by liberal legal groups and women's groups for having mishandled the hearings and having not done enough to support Hill. Biden subsequently sought out women to serve on the Judiciary Committee and emphasized women's issues in the committee's legislative agenda.
Joe Biden at the World Economic Forum in Jordan in 2003Biden was involved in crafting many federal crime laws. In 1984, he was Democratic floor manager for the successful passage of the Comprehensive Crime Control Act; civil libertarians praised him for modifying some of the Act's provisions, and it was his most important legislative accomplishment to then. He later spearheaded the Violent Crime Control and Law Enforcement Act of 1994, also known as the Biden Crime Law, and the landmark Violence Against Women Act of 1994 (VAWA), which contains a broad array of measures to combat domestic violence and provides billions of dollars in federal funds to address gender-based crimes. In 2000, the Supreme Court ruled that the section of VAWA allowing a federal civil remedy for victims of gender-motivated violence exceeded Congress's authority and therefore was unconstitutional.Congress reauthorized VAWA in 2000 and 2005. Biden has said, "I consider the Violence Against Women Act the single most significant legislation that I’ve crafted during my 35-year tenure in the Senate." In 2004 and 2005, Biden enlisted major American technology companies in diagnosing the problems of the Austin, Texas-based National Domestic Violence Hotline, and to donate equipment and expertise to it in a successful effort to improve its services.
Biden was critical of the actions of Independent Counsel Ken Starr during the 1990s Whitewater controversy and Lewinsky scandal investigations, and said "it's going to be a cold day in hell" before another Independent Counsel is granted the same powers. Biden voted to acquit on both charges during the impeachment of President Clinton.
As chairman of the International Narcotics Control Caucus, Biden wrote the laws that created the U.S. "Drug Czar", who oversees and coordinates national drug control policy. In April 2003 he introduced the controversial Reducing Americans' Vulnerability to Ecstasy Act, also known as the RAVE Act. He continued to work to stop the spread of "date rape drugs" such as flunitrazepam, and drugs such as Ecstasy and Ketamine. In 2004 he worked to pass a bill outlawing steroids like androstenedione, the drug used by many baseball players.
Biden's legislation to promote college aid and loan programs allows families to deduct on their annual income tax returns up to $10,000 per year in higher education expenses. His "Kids 2000" legislation established a public/private partnership to provide computer centers, teachers, Internet access, and technical training to young people, particularly to low-income and at-risk youth.
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