Yep, and he didn’t out of some misguided belief that Republicans would behave with some amount of human decency. Unfortunately, the Republicans he knew from his time as a Congressman had given up decorum and bipartisanship for their personal ideologies and fealty to a fraudster.

It would have been and still is the sensible thing to do, because the highest judiciary should be the least partisan, and it’s a progressive move Biden really should make in an effort to maintain that balance.