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 justices to the Supreme Court, a process known as “court packing.”
SALT LAKE CITY, UTAH - OCTOBER 07: Democratic vice presidential nominee Sen. Kamala Harris (D-CA) ... [+]
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.
In the first presidential debate, Biden flatly said, "I'm not going to answer the question" when pressed on the subject.
Tangent
Pence’s attack on Harris came moments after he dodged moderator Susan Page after she asked how the Trump administration plans to protect Americans with pre-existing conditions as it fights to dismantle the Affordable Care Act in court. “President Trump and I have a plan to improve health care and protect pre-existing conditions for every American," Pence said, even though the administration has yet to produce a concrete plan.
Key Background
Democrats are incensed that Republicans are pushing ahead to confirm Barrett to the Supreme Court 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 claims things are different in 2020 because the Republicans control both the Senate and the White House, while it was split in 2020. Should the Republicans succeed, giving conservatives a 6-3 majority on the court, some Democrats are calling to add justices to the court if they win the presidency and control of Congress in the election.
Surprising Fact
There’s nothing in the Constitution that says the Supreme Court can only have nine justices, but it has been a tradition since 1869.
Crucial Quote
Harris also dodged the question about packing the court during an interview with CNN last week, instead saying, "We are 35 days away from an election ... probably the most important election of our lifetime and our children's lifetime, and there is nothing about these next 35 days that Joe or I will take for granted.”
