Democratic vice presidential nominee Kamala Harris dodged a question during Wednesday night’s debate about whether she and Joe Biden would pack the Supreme Court with liberal judges if Amy Coney Barrett is confirmed by the Senate.
When he was asked how President Trump would protect access to healthcare for people who have preexisting conditions, Vice President Mike Pence pivoted to ask Harris whether a Biden administration would break with tradition by expanding the Supreme Court to more than nine justices “to get your way,” a move the Washington Examiner and YouGov found a plurality of voters oppose.
“I think the American people really deserve an answer, Sen. Harris. Are you and Joe Biden going to pack the court if Judge Amy Coney Barrett is confirmed?” Pence asked before outlining his defense for making a nomination to the Supreme Court during an election year, something Senate Republicans rejected during President Barack Obama’s final term.
“There have been 29 vacancies on the Supreme Court during presidential election years from George Washington to Barack Obama. Presidents have nominated in all 29 cases, but your party is actually openly advocating adding seats to the Supreme Court, which has had nine courts for 150 years,” Pence said. “If Judge Amy Coney Barrett is confirmed to the Supreme Court of the United States, are you and Joe Biden, if somehow you win the election, pack the Supreme Court to get your way?”
Harris, however, completely sidestepped the question.
“I’m so glad we went through a little history lesson. Let’s do that a little more,” she retorted. “In 1864 … Abraham Lincoln was up for reelection, and it was 27 days before the election, and a seat became open on the United States Supreme Court. Abraham Lincoln’s party was in charge not only of the White House but the Senate. But Honest Abe said, ‘Not the right thing to do.’”
“So Joe and I are very clear,” she said. “The American people are voting right now, and it should be their decision.”
