Harris Dodges Pence When Asked Whether Biden Administration Would Pack The Supreme Court

Topline

Sen. Kamala Harris (D-Calif.) repeatedly dodged Vice President Mike Pence when pressed during the debate on whether a Biden administration would try to add extra justices to the Supreme Court, a process known as “court packing.”

Key Facts

“Are you and Joe Biden going to pack the court if Judge Amy Coney Barrett is confirmed?” Pence asked Harris directly. 

Harris tried to turn the tables to the issue of whether it was proper for the Republicans to seek to push through Barrett’s nomination now, noting that President Abraham Lincoln had decided against confirming a justice to the Supreme Court in the final month before an election, and arguing the American people “deserve to make the decision” about who will fill the late-Justice Ruth Bader Ginsburg’s seat. 

This is a developing story. Check back for updates.

Key Background

Democrats are incensed that Republicans are pushing ahead with confirming a new justice—Judge Barrett—with just weeks to go before Election Day, after Senate Majority Mitch McConnell (R-Ky.) blocked the nomination of Judge Merrick Garland by former President Barack Obama in 2016. McConnell then said that he would not move forward with Garland’s nomination because it was an election year. He has since changed his tone, saying matters are different in 2020 because the Republicans control both the Senate and the White House, while it was split in 2020. The move has led Democrats to criticize McConnell for being a hypocrite, and some to call for Democrats to pack the court should they gain power in 2020.

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