Las Vegas’s KTNV anchor Ross DiMattei asked Joe Biden a question about court packing. But Biden refused – he said voters don’t deserve to know about his stand. Then he proceeded to say that what Trump was doing with Barrett “has never been done before.” It has been done 29 times in the past. Was it a blatant lie, or just his failing memory?
Biden refused to answer, swiped at voters
“I’ve got to ask you about packing the courts. And I know you that said yesterday you aren’t going to answer the question until after the election. But this is the No. 1 thing I’ve been asked about from viewers in the past couple of days.” Ross DiMattei
“Well, you’ve been asked by the viewers who are probably Republicans who don’t want me continuing to talk about what they’re doing to the court right now.” Joe Biden
“Well, sir, don’t the voters deserve to know?” Ross DiMattei
“No, they don’t. I’m not going to play his game. He’d love me to talk about — and, and I’ve already said something on pack the court. But he’d love that to be the discussion.” Joe Biden
Floating a Supreme Court nominee is NOT the same as “court packing.” The Democrats are flirting with the plan to add more people to the Supreme Court than the standard 9 Justices. THAT is “court packing.” It refers to Franklin D. Roosevelt’s Judicial Procedures Reform Bill of 1937, which attempted to add several more justices to the Supreme Court. It didn’t pass.
Everyone: “Don’t voters deserve to know whether you’ll restructure an entire branch of government if winning the White House and Senate isn’t enough power for you??”
Joe Biden: “nah” https://t.co/wr6fxkEGM3
— Dan Crenshaw (@DanCrenshawTX) October 10, 2020
“He’d love that to be the discussion instead of what he’s doing now. He’s about to make a pick in the middle of an election — first time it’s ever been done, first time in history it’s ever been done.” Joe Biden
Which is patently false.
The National Review’s Dan McLaughlin wrote:
History supports Republicans filling the seat. Doing so would not be in any way inconsistent with Senate Republicans’ holding open the seat vacated by Justice Antonin Scalia in 2016. The reason is simple, and was explained by Mitch McConnell at the time. Historically, throughout American history, when their party controls the Senate, presidents get to fill Supreme Court vacancies at any time — even in a presidential election year, even in a lame-duck session after the election, even after defeat. Historically, when the opposite party controls the Senate, the Senate gets to block Supreme Court nominees sent up in a presidential election year, and hold the seat open for the winner. Both of those precedents are settled by experience as old as the republic. Republicans should not create a brand-new precedent to deviate from them.…Twenty-nine times in American history there has been an open Supreme Court vacancy in a presidential election year, or in a lame-duck session before the next presidential inauguration. (This counts vacancies created by new seats on the Court, but not vacancies for which there was a nomination already pending when the year began, such as happened in 1835–36 and 1987–88.) The president made a nomination in all twenty-nine cases. George Washington did it three times. John Adams did it. Thomas Jefferson did it. Abraham Lincoln did it. Ulysses S. Grant did it. Franklin D. Roosevelt did it. Dwight Eisenhower did it. Barack Obama, of course, did it. Twenty-two of the 44 men to hold the office faced this situation, and all twenty-two made the decision to send up a nomination, whether or not they had the votes in the Senate.…Nineteen times between 1796 and 1968, presidents have sought to fill a Supreme Court vacancy in a presidential-election year while their party controlled the Senate. Ten of those nominations came before the election; nine of the ten were successful, the only failure being the bipartisan filibuster of the ethically challenged Abe Fortas as chief justice in 1968.