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Law & the Courts

Biden Says Voters ‘Don’t Deserve’ to Know His Position on Court Packing

Democratic presidential candidate and former Vice President Joe Biden speaks while making a campaign stop in Pittsburgh, Pa., September 30, 2020. (Mike Segar/Reuters)

Joe Biden on Friday again refused to state whether he would attempt to pack the Supreme Court if elected president, saying in an interview that voters “don’t deserve” to know his position on the issue.

Some Democrats have suggested the party attempt to pack the Supreme Court, or increase the number of justices on the bench, if the party wins the presidency and a Senate majority in the November elections. The proposal comes as Republicans attempt to confirm Judge Amy Coney Barrett to the court, solidifying a 6-3 conservative majority.

Biden and running mate Senator Kamala Harris (D., Calif.) have repeatedly refused to state whether they support packing the court. However, Biden was again pressed on the issue during an interview by reporter Ross DiMattei of KTNV, a Las Vegas ABC affiliate.

DiMattei said the question of court packing was the “number-one issue” viewers have asked him about.

“Sir, don’t the voters deserve to know…” DiMattei asked.

“No they don’t deserve—I’m not gonna play [President Trump’s] game,” Biden responded, adding that Trump would “love that to be the discussion instead of what he’s doing now.”

Biden said at a Friday press conference that voters would only know his position on court packing after the election.

“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.”

Send a tip to the news team at NR.

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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