What Is Biden’s Actual Position on Court Packing?

Photo: Andrew Harnik/AP/Shutterstock As part of the Biden campaign’s decision to take few risks during a general election in which he has enjoyed a commanding and lasting lead over his opponent, the candidate has refused to provide his opinion on court packing — an issue that has become much more salient following the death of Justice Ruth Bader Ginsburg and the reality of a pending 6-3 majority on the Supreme Court.

What has Biden actually said about packing the court? During the primary last year, Biden said that he believed Democrats would “live to rue” the day they expanded the court, and later added that such a game of “political football” could “come back to bite us.” At an October 2019 debate, he provided his most direct answer up until that point: “I would not get into court packing. We add three justices. Next time around, we lose control, they add three justices.

Last week, Biden gave a near-complete answer — one that seemed to merge his opinion last year with his current hesitancy — in an interview with Cincinnati’s WKRC. “I’m not a fan of court packing, but I don’t want to get off on that whole issue. I want to keep focused.” What has Harris actually said about packing the court? Harris has had a similar turn from a concrete answer in the 2019 primary to an obscured opinion in the general. In March 2019, she told Politico that an expanded court could be a tool to help counter the Republican push to make a conservative institution out of the federal judiciary, including the Supreme Court. “We are on the verge of a crisis of confidence in the Supreme Court,” Harris said.

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