Court-packing: PolitiFact notes the definition is clear

Court-packing: PolitiFact notes the definition is clear”

"I would not get into court packing", Biden during a Democratic primary debate.

Former Vice President Joe Biden refused to answer a question in an interview with Cincinnati's WKRC Local 12 on Monday about whether he would expand the Supreme Court and fill it with liberal justices.

"I'm not a fan of court-packing", Biden said during the interview without saying definitively he would not attempt to soften the conservative majority.

BidenWell, look - before they - what I want to spend the focus on, is I respectfully, suggest, is what - the packing - court-packing is going on now, never before when an an election has already begun and millions of votes are already cast, has it ever been that a Supreme Court nominee was put forward.

Inskeep: You have made it very clear you don't want to talk about packing the Court until after Election Day.

Instead, Biden argues that the focus should remain on Trump and Senate Republicans taking the unprecedented step to confirm a Supreme Court Nominee with just over 20 days until the election.

Biden's comments came Monday in an interview on WKRC-TV, Cincinnati, during a campaign swing through OH, a key battleground state.

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"Well, sir, don't the voters deserve to know?"

Biden, who finds himself caught between progressives who are pushing for adding justices to circumvent a conservative majority on the Supreme Court and the majority of Americans who in a recent poll were found to be against "court packing", has said he wouldn't answer the question until after the election.

"I've been skeptical about making this change, but I might have to rethink my position if Mitch McConnell rushes the confirmation of Judge Barrett in violation of his own rule and the effect is to shift the court abruptly to the right".

The Constitution is vague on the size of the court, which has changed seven times in US history from as few as five to as many as 10.

During the primaries, Biden opposed court-packing.

The Delaware senator went on to say that FDR was "corrupted by power in my view", and that his court packing plan served as a reminder of how "power corrupts and absolute power corrupts absolutely". In an interview with NPR past year, Ginsburg said, "I think it was a bad idea when President Franklin Roosevelt tried to pack the court". But the risk was that a Republican president and a Republican Senate would determine her successor.

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