Biden: Voters 'will know my opinion on court packing when the election is over'

"The moment I answer that question the headline in every one of your papers will be about that other than, other than focusing on what's happening now," Biden says

Updated: October 8, 2020 - 5:07pm

Democratic presidential nominee Joe Biden said Thursday that voters will know his opinion on packing the Supreme Court "when the election is over.”

During the 2020 vice presidential debate, Wednesday evening, Biden running-mate Sen. Kamala Harris declined to explain her position on expanding the number of justices on the Supreme Court.

 Biden dodged the question in the first presidential debate.

"You will know my opinion on court packing when the election is over,” Biden said alongside Harris in Phoenix on Thursday.

Biden also said if he answered the court packing question it would make headlines across the nation and distract from other issues.

"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 about that other than, other than focusing on what's happening now," he said.

President Trump nominated Amy Coney Barrett to replace Justice Ruth Bader Ginsburg, who recently died.

If Barrett is confirmed by the Senate to the high court, some Democrats have suggested they could legislatively add justices to dilute what would be a 6-3 conservative advantage. The party would on Nov. 3 have to keep control of the House and win the Senate and White House to carry out that process. 

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