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Biden Suggests He’s Open to Court-Packing if Amy Coney Barrett Confirmed

Joe Biden opened the door to court-packing based on what happens with the confirmation of Judge Amy Coney Barrett.

Biden, the Democratic presidential nominee, alluded that the process behind Barrett’s own nomination would be a deciding factor in his stance.

“I have not been a fan of court-packing because it generates, whoever wins it just keeps moving in a way that is inconsistent with what is going to be manageable,” he said at Thursday night’s ABC News town hall with moderator George Stephanopoulus.

Biden said voters would know his stance prior to the election, but he was waiting to see what happens with Barrett.

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“They do have a right to know where I stand and they’ll have a right to know where I stand before they vote,” he said.


Biden Open to Court-Packing If Amy Coney Barrett Confirmed?

The Democrat nominee went on to explain that his stance “depends on how this [confirmation process of Amy Coney Barrett] turns out.”

When asked by Stephanopoulus what that means, Biden gave an arbitrary guideline of whether or not the process is rushed.

“If there’s actually real live debate on the floor, if people are really going to be able to have a time to go through this,” he said.

“It depends on how much they rush this.”

Stephanopoulus interjected that the vote for her confirmation had been scheduled prior to the election and wondered if that were the actual deciding factor.

“If they vote on it before the election, you are open to expanding the court?” he asked.

Biden replied, “I’m open to considering what happens from that point on.”


It Depends on the Amy Coney Barrett Confirmation

Biden’s comments seem almost assuredly to be an admission that he and his administration will support the idea of packing the Supreme Court with left-leaning judges.

After all, can you envision any scenario in which the Amy Coney Barrett confirmation is handled in a manner that he and running mate Kamala Harris are okay with it?

He’s been elusive for a reason.

In September, Biden refused to say whether or not he would expand the size of the Supreme Court by adding more justices.

On October 10, he said the American people “don’t deserve” to know whether or not he supports court-packing.


And on October 12th, Biden said he will let the American people know his opinion on court-packing “when the election is over.”


Now Biden says they’ll know before the election.

He’s no longer being elusive, he’s tacitly admitting that Barrett’s elevation to the Supreme Court will force him to support court-packing.

“Stop asking whether Biden supports packing the Supreme Court,” radio host Mark Levin tweeted. “He does. Start asserting Biden will pack the court if elected.”

He will, and he’s no longer being subtle about it.

Rusty Weiss

Rusty Weiss is a freelance journalist focusing on the conservative movement and its political agenda. He has been writing conservatively charged articles for several years in the upstate New York area, and his writings have appeared in the Daily Caller, American Thinker,, Big Government, the Times Union, and the Troy Record. He is also Editor of one of the top conservative blogs of 2012, the Mental Recession.

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