Bloomberg Law
Sept. 21, 2020, 7:15 PM UTCUpdated: Sept. 22, 2020, 8:00 AM UTC

Biden Himself Is One Obstacle to Democrats’ Court Packing Plan

Madison Alder
Madison Alder
Reporter

If Republicans confirm a new Supreme Court justice before the election but lose the presidency and the Senate, a push by some Democrats to even the score by packing the court during a Biden administration could face an unexpected hurdle in Joe Biden himself.

On the campaign trail this year, Biden—who for eight years on Capitol Hill ran the powerful Senate Judiciary Committee, which vets would-be justices—said he opposed expanding the Supreme Court.

At the time the court hung in a delicate 5-4 balance of sorts, with Ruth Bader Ginsburg among the four-justice liberal minority, and talk of an open ...

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