Biden says voters DESERVE to know whether he will pack Supreme Court... but declines to reveal the answer

16 Oct, 2020 01:27 / Updated 4 years ago

Joe Biden said voters deserve to know where he stands on expanding the Supreme Court – reversing a statement he made last week – but he again declined to give a definitive answer on whether he plans to install more liberal judges.

Speaking on Thursday night at a town hall hosted by ABC News, the Democrat presidential candidate said his view on so-called court packing will be influenced by the handling of the ongoing confirmation process for President Donald's Trump's current nominee to the court, Amy Coney Barrett.

“It depends on how this turns out – not how he wins, but how it's handled,” Biden said. Asked by host George Stephanopoulos what he meant by “how it's handled,” Biden said, “Is there real live debate on the floor? It depends on how much they rush this.”

Biden again decried Trump's decision to nominate a replacement for the late Ruth Bader Ginsburg at a time when early voting for the November 3 election has already begun. He said the Constitution “implies” that a court appointment shouldn't be made once an election begins.

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But then asked by Stephanopoulos if Americans “deserve to know” his plans on court packing before they vote – contrary to a statement Biden made in an October 10 interview – the former vice president said yes.

“They do have a right to know, they have a right to know how I stand before they vote,” he said, apparently forgetting his earlier point that voting has already begun.

Asked what he will do if Trump's nominee, Amy Coney Barrett, is confirmed before the election, Biden again declined to give a definitive answer, saying “I'm open to considering what happens from that point on.” Pressed by Stephanopoulos if he would give an answer before election day, he said yes.

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