Biden Finally Answers Question On Court-Packing...Sort Of

AP Photo/Carolyn Kaster
AP Photo/Carolyn Kaster


Former Vice President Joe Biden has been the subject of criticism due to his refusal to answer a simple question. Over the past few weeks, the Democratic presidential candidate has repeatedly brushed off queries regarding his position on court-packing. Now, it appears he may have finally given an answer — sort of. 

During an interview with local Ohio news outlet Local 12 on Monday, the candidate was again asked if he favors adding seats to the Supreme Court. “I’m not a fan of court-packing,” he replied. This seems like a straight answer at first glance, but when you put Biden’s answer in context, it becomes apparent that he is still being cagey about his views on the matter. 

Before he made this comment, Biden discussed court-packing according to the new — and false — definition that the Democrats have been trying to con the American public into accepting. Democratic lawmakers like Sen. Dick Durbin (D-IL) have argued that GOP senators going through the process of confirming Judge Amy Coney Barrett to the Supreme Court somehow constitutes court-packing. 

“I respectfully suggest is what — packing — court-packing is going on now. Never before an election has already begun and millions of votes already cast has it ever been that a Supreme Court nominee was put forward. Had never happened before,” Biden asserted. He continued:

“And one of the reasons is, the Constitution implies that the only shot the American people get to determine who will be on a lifetime employment of the Supreme Court, or federal courts, is when they pick their senator and their president, because the president names, and the Senate advises and consents. That’s the focus.”

Of course, anyone familiar with politics knows that filling a court seat previously vacated by a previously justice is simply the established practice. Packing the Supreme Court would entail adding seats to the Supreme Court and then filling them with judges that will rule in accordance with the president’s agenda. 

Biden went on to say that “the president would love nothing better than to fight about whether or not I would, in fact, pack the court or not pack the court, et cetera. The focus is, why is he doing what he’s doing now?”

The court-packing debate arose when Republicans announced that they would push to fill the seat previously occupied by late Justice Ruth Bader Ginsburg before the election. In response, Democratic lawmakers issued a series of threats, including packing the Supreme Court if they secured enough victories in November. 

Biden, and his running mate, Sen. Kamala Harris (D-CA) have ducked and dodged each time they were asked about their positions on court-packing. When asked if the public deserves to know his stance, Biden replied, “no they don’t.”

It is abundantly clear that Biden does not want to give his views on court-packing despite having criticized the idea earlier this year. But it appears that he is attempting to avoid alienating the progressive and establishment factions of the Democratic Party. If he indicates that he does not support court-packing, it might dismay far-left voters. On the other hand, if he favors the idea, he could turn away establishment moderates. Either way, it is clear that he is not willing to take the risk so we may never know how he feels on the matter — unless he wins in November. 


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