Biden Says He Will Announce Position on Court Packing ‘When the Election Is Over’

Joe Biden told reporters on Thursday that voters would learn his position on packing the Supreme Court after the election.

Senate Republicans are currently attempting to confirm the appointment of Judge Amy Coney Barrett to the Supreme Court, a move that would solidify a 6-3 conservative majority among the court’s justices. Some Democrats, alarmed by the move, have floated the idea of packing the court (increasing the number of justices) if the party wins the presidency and Senate.

Both Biden and running mate Senator Kamala Harris (D., Calif.) have refused to say whether they would attempt to pack the Supreme Court if elected. During a Thursday press conference in Phoenix, Ariz., Biden attempted to clarify his reasoning.

“You’ll know my opinion of court-packing when the election is over,” Biden said. “Now look, I know—it’s a great question, and I don’t blame you all for asking. But you know the moment I answer that question, the headline in every one of your papers will be about that.” Biden added that the issue was a distraction from the nomination of Coney Barrett, which he and other Democrats have maintained is moving too quickly.

During the vice presidential debate on Wednesday night, Vice President Mike Pence repeatedly pressed Harris on the issue of court packing. The California senator refused to directly address the issue.

“The American people deserve a straight answer and if you haven’t figured it out yet, the straight answer is they are going to pack the Supreme Court if they somehow win this election,” Pence said.

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Zachary Evans is a news writer for National Review Online. He is a veteran of the Israeli Defense Forces and a trained violist.


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