Democratic presidential nominee Joe Biden refused Monday to say whether he supports proposals by several prominent Democrats to add seats to the U.S. Supreme Court if President Trump and Republicans fill the vacancy left by the death of Justice Ruth Bader Ginsburg.
Trump said Tuesday he would announce his selection at the White House Saturday.
Although the U.S. Constitution sets the rules for court appointments – the president nominates and the Senate confirms new justices – it does not offer guidance on how many seats the court should have, leaving that up to Congress. Since 1869, the court has had nine seats.
U.S. Sen. Ed Markey (M.A.) said in a tweet that if Republicans fill the vacancy and Democrats take the Senate, “we must abolish the filibuster and expand the Supreme Court.” Such a move often is called “court-packing.”
Mitch McConnell set the precedent. No Supreme Court vacancies filled in an election year. If he violates it, when Democrats control the Senate in the next Congress, we must abolish the filibuster and expand the Supreme Court.
— Ed Markey (@EdMarkey) September 19, 2020
When asked if Democrats would add seats to the high court if they win a majority, Senate Minority Leader Chuck Schumer (N.Y.) said that “everything is on the table.”
Democratic Rep. Alexandria Ocasio-Cortez (N.Y.) also said she supports court-packing.
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