Biden will share his opinion on court packing 'when the election is over'

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.

SUBSCRIBE & SAVE

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.

Sign up