Joe Biden said in 1992 that criminal justice legislation he was pushing was so strict, “we do everything but hang people for jaywalking.” Two years later, his signature crime bill made dozens more offenses punishable by death. This month in New Hampshire, the Democratic presidential frontrunner seemed to offer a different stance on the death penalty, Politico reports. Speaking on criminal justice reform, Biden added, “By the way, congratulations to y’all ending the death penalty here.” Biden’s support for the death penalty was consistent throughout 30-plus years in the Senate. Whether that stand holds will be another case study of how he reconciles long-held beliefs with the leftward march of his party. His record is full of tough-on-crime bills and statements that were in line with Bill Clinton-style centrism, but now look out of step.
After Biden changed his stance on abortion rights, Texas strategist Colin Strother says, “The former vice president has no choice but to change almost every position he’s ever taken. “We’ve seen it with a couple positions and we’re going to see it more.” Most of Biden’s Democratic opponents support abolishing—or at least halting—capital punishment. The U.S. is moving away from the death penalty, with nine states eliminating it in 15 years. Four other states have placed moratoria on executions. In 2000, Biden said, “If you are going to have a death penalty, you had better go out of your way to make sure you don’t execute an innocent person.” Barack Obama backed the death penalty, though he later called the practice “deeply troubling.” Hillary Clinton had reservations but also supported executions. Yet in 2016, the Democratic Party platform for the first time called for abolishing capital punishment. Now, Biden is being forced to adapt in real-time to the party’s drastically different mindset.