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Joe Biden wants to appoint a bipartisan commission to reform the Supreme Court system because it’s “getting out of whack,” the Democratic presidential nominee said in a new interview.
The former veep pushed the proposal in an interview with “60 Minutes” journalist Norah O’Donnell that’s set to air in full on Sunday — nine days before the election.
“If elected, what I will do is I’ll put together a national commission of – [a] bipartisan commission of scholars, constitutional scholars, Democrats, Republicans, liberal, conservative,” Biden said.
“And I will ask them to, over 180 days, come back to me with recommendations as to how to reform the court system because it’s getting out of whack – the way in which it’s being handled and it’s not about court packing.”
Biden and his running mate, California Sen. Kamala Harris, have dodged questions about whether they support expanding the highest court in the land beyond nine justices.
Other prominent Democrats have suggested the move with the panel’s balance of power tilting increasingly rightward, most recently with President Trump’s nomination of Amy Coney Barrett to succeed late liberal lion Ruth Bader Ginsburg.
“No, they don’t deserve [it],” said Biden during a prickly interview with a Las Vegas news station earlier this month, asked if prospective voters have a right to know his position on the issue before heading to the polls.
During the lone vice presidential debate, Harris repeatedly dodged when incumbent Mike Pence tried to pin her down on the issue of court-packing.
Democratic presidential candidate Joe BidenTom Brenner/ReutersAt one point, rather than answer the question she launched into the story of President Lincoln declining to put forth a Supreme Court nominee less than a month out from a presidential election.
“I just want the record to reflect [that] she never answered the question,” said Pence, arguing that the response nevertheless spoke volumes. “I think the American people know the answer.”
And at a solo town hall event held last week in lieu of what was supposed to be the second presidential debate, Biden signaled that he’s “not a fan” of court packing, but did not explicitly rule it out, instead vowing to put forth a more concrete position before the election.
That apparent position came during the “60 Minutes” interview, when he said that there are many issues to be weighed with respect to reforming the Supreme Court, including but not limited to court packing.
“There’s a number of other things that our constitutional scholars have debated and I’ve looked to see what recommendations that commission might make,” he said.
“The last thing we need to do is turn the Supreme Court into just a political football, whoever has the most votes gets whatever they want,” he continued.
“Presidents come and go. Supreme Court justices stay for generations.”



