Biden declines to answer whether he'd 'pack the courts'

Some Democrats want to add to the high court to counter President Trump nominating a conservative to the bench ahead of Nov. 3

Updated: September 30, 2020 - 12:16am

Democratic presidential nominee Joe Biden declined to answer during Tuesday night's debate whether, if elected, he would "pack" the Supreme Court if Trump's nominee is appointed ahead of the Nov. 3 election.

"My question is to you: You have refused in the past to talk about it. Are you willing to tell the American people tonight whether or not you will support either ending the filibuster or packing the courts?" moderator and Fox News reporter Chris Wallace asked. 

"Whatever position I take on that, that'll become the issue," Biden responded. 

When Trump re-asked the question, Biden replied, "I'm not going to answer that question."

Democrats, particularly the party's most liberal wing, have urged Biden to "pack the courts," a legislative tactic that uses Congress to increase the number of justices from nine to dilute what is expected to become a 6-3 conservative advantage.

Democrats would need to control both chambers of Congress to add to the court and-or change Capitol Hill’s filibuster rules.

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