Biden Again Won't Say Whether He Supports Court Packing

September 27, 2020

Democratic presidential candidate Joe Biden again would not give a committal answer Sunday on whether he supported packing the Supreme Court.

"I know you're going to be upset with my answer," he said. "But what I'm not going to do is play the Trump game—which is a good game he plays—take your eye off the issue before us. If I were to say yes or no to that, that becomes a big issue."

Some Senate Democrats have called for expanding the Supreme Court's size if they take power next year as retaliation for Republicans filling Ruth Bader Ginsburg's seat. Biden said he opposed the idea while running for the 2020 nomination and earlier in his career called it a "bonehead idea."

His rhetoric has shifted since Ginsburg's death on Sept. 18, however, as he also said Monday he would not give his opinion because it would shift the "focus" from Trump.

Many of the 2020 Democrats running for Senate seats oppose court packing or have not committed to an opinion on the subject. The Supreme Court has had nine justices since 1869.

Published under: Joe Biden , Supreme Court