As Republicans prepare to add another conservative justice to the Supreme Court, some Democrats have suggested Joe Biden, if elected, should increase the size of court and pack it with liberal justices. But Biden and vice presidential nominee Kamala Harris haven't revealed their positions on court packing yet, and Biden said Thursday he wouldn't until after the election.
"You'll know my opinion on court packing when the election is over," Biden told reporters during a Thursday campaign stop in Arizona. "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 on the answer" and not "focusing on what's happening now." The number of judges on the Supreme Court isn't specified in the Constitution, and could be increased with an act of Congress.
The "what's happening now" is presumably President Trump's nomination of Amy Coney Barrett to the Supreme Court less than two months before Election Day. Democrats have opposed even considering a nominee until after the election, but Republicans have plowed ahead and have hearings scheduled for next week.
The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
-
September 14 editorial cartoonsCartoons Sunday’s political cartoons include RFK Jr on the hook, the destruction of discourse, and more
-
Air strikes in the Caribbean: Trump’s murky narco-warTalking Point Drug cartels ‘don’t follow Marquess of Queensberry Rules’, but US military air strikes on speedboats rely on strained interpretation of ‘invasion’
-
Crossword: September 14, 2025The Week's daily crossword puzzle
-
Russia slams Kyiv, hits government buildingSpeed Read This was Moscow's largest aerial assault since launching its full-scale invasion in 2022
-
China's Xi hosts Modi, Putin, Kim in challenge to USSpeed Read Chinese President Xi Jinping hosted Indian Prime Minister Narendra Modi, Russian President Vladimir Putin and other Asian leaders at an SCO summit
-
Russian strike on Kyiv kills 23, hits EU officesSpeed Read The strike was the second-largest since Russia invaded in 2022
-
UN votes to end Lebanon peacekeeping missionSpeed Read The Trump administration considers the UN's Interim Force in Lebanon (UNIFIL) to be a 'waste of money'
-
Israeli double strike on Gaza hospital kills 20Speed Read The dead include five journalists who worked for The Associated Press, Reuters and Al Jazeera
-
China is silently expanding its influence in American citiesUnder the Radar New York City and San Francisco, among others, have reportedly been targeted
-
Kyiv marks independence as Russia downplays peaceSpeed Read President Vladimir Putin has no plans to meet with Zelenskyy for peace talks pushed by President Donald Trump
-
Trump halts Gaza visas as Israelis protest warSpeed Read Laura Loomer voiced her concerns over injured Palestinian kids being brought to the US for treatment and a potential 'Islamic invasion'
