Pack the Supreme Court? Vote me in, then I'll answer: Biden

Friday, October 9, 2020
Chris Woodward (

Supreme Court sunriseHe's been asked about it numerous times in recent days, but Democratic Party presidential nominee Joe Biden says the American people will know his opinion on "court packing" after the election is over.

Biden made his "wait until after the election" comment on Thursday to reporters in Phoenix:

Biden: "They’ll know my opinion on court packing when the election is over. Look, it's a great question, and I don't blame you for asking. But you know the moment I answer that question, the headline in every one of your papers will be about that. Focus on what is happening now. The election has begun. There has never been a court appointment once an election has begun."

Senator Ben Sasse (R-Nebraska) contends says Biden's non-answer should actually answer the question.

"The Biden-Harris ticket will not answer if they plan to pack the Supreme Court, which pretty much tells you they are very much in line with the woke desire to make the Supreme Court 13 or 15 people to import some of the craziest, radical ideas from campus into our jurisprudence," Sasse said on the "Washington Watch with Tony Perkins" program.


"The idea that speech you don't like is violence is crazy and anti-American. It's also really, really popular on campus right now," the senator continues. "And that's the kind of stuff that I think you'd see on the Supreme Court – that kind of attack on the First Amendment, on religious liberty, on free speech, on free assembly – if they make a Supreme Court of 13 or 15 people."

Last week, Biden made headlines for saying in the first presidential debate that he would not answer a question about court packing:

Biden: I'm not going to answer the question because the question is … the question is … [Trump talking over him] … Will you shut up, man?

Trump: Who is on your list, Joe?

Meanwhile, it's not just Biden. His running mate, California Senator Kamala Harris, would not answer the question during her debate Wednesday night with Vice President Mike Pence:

Harris: "The American people are voting right now – and it should be their decision about who will serve on this most important body for a lifetime."

Senator Sasse concluded, saying: "I think that's the number-one issue on the ballot for November 3 – and it's why maintaining a majority in the U.S. Senate is the most important election before us."

The whole issue of "packing" the Supreme Court was initiated by Senator Sheldon Whitehouse (D-Rhode Island), who made the threat to "restructure" the high court shortly after the death of Associate Justice Ruth Bader Ginsburg and before the nomination of Judge Amy Coney Barrett to replace Ginsburg.

Whitehouse was joined by four other Democratic senators in that threat: Mazie Hirono (Hawaii), Richard Blumenthal (Connecticut), Richard Durbin (Illinois), and Kirsten Gillibrand (New York).


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