Joe Biden articulated his clearest stance yet in response to calls to expand the number of justices on the Supreme Court, saying that he plans to put together a “bipartisan commission” of scholars to examine the issue and other possible ways to reform the court system.
“if elected, what I will do is I’ll put together a national commission of — bipartisan commission of scholars, constitutional scholars, Democrats, Republicans, liberal, conservative,” the former vice president and Democratic presidential nominee said in a 60 Minutes interview filmed Monday. “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 which has been handled.”
Biden added: “And it’s not about 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.”
Republican moves to fill the late Justice Ruth Bader Ginsburg’s seat with President Trump’s nominee, Judge Amy Coney Barrett, despite early voting for the Nov. 3 election being underway have prompted calls from those in the left wing of the Democratic Party to expand the number of justices on the nation’s highest court and confirm liberal-leaning justices.
Biden repeatedly avoided answering whether he would support adding justices despite being opposed to the idea for decades, arguing that revealing his stance on the hypothetical would benefit Trump.
At a televised town hall event last week, Biden relented, saying that he does not like the idea of court-packing but that it “depends on how much they rush this,” referring to the Barrett confirmation process.
If Republicans confirm Barrett to the court, Biden said last week, “I’m open to considering what happens from that point on.”
In the 60 Minutes interview, anchor Norah O’Donnell tried to clarify: “So you’re telling us, you’re going to study this issue about whether to pack the court?”
“No, well, there’s a number of alternatives that are go well beyond packing,” Biden said.
“This is a live ball,” O’Donnell said.
“Oh, it is a live ball,” Biden concurred. “It is a live ball. We’re gonna have to do that. And you’re gonna find there’s a lot of conservative constitutional scholars who are saying that as well. 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. Presidents come and go. Supreme Court justices stay for generations.”
WATCH: In an interview with Joe Biden for @60Minutes, @CBSEveningNews‘ @NorahODonnell pressed Biden on his position on so-called “court packing.” It’s a controversial proposal that would add justices to the Supreme Court, from its current nine.
More Sunday on @CBS. pic.twitter.com/iFvatE6ZP6
— CBS This Morning (@CBSThisMorning) October 22, 2020
