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Biden and Harris Both Won't Admit if They Plan to Pack the Supreme Court


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Democratic presidential nominee Joe Biden is refusing to say whether he's planning to pack the Supreme Court with additional justices if Democrats take the White House and the Senate in November.

Biden told reporters on Thursday that they'll know his position the day after the election. 

Biden had also refused to answer the question when President Trump posed it during their presidential debate last week. CBN News Chief Political Analyst David Brody said that non-answer was a clear sign that he's afraid to tell the American people before the election what he plans to do.

Trump campaign rapid response director Andrew Clark criticized Biden for refusing to answer the question.

During the vice presidential debate this week, Vice President Mike Pence pointedly and repeatedly asked Kamala Harris if she and Biden were planning to pack the court. Harris dodged the question over and over.

The US has had 9 justices on the Supreme Court since 1869. To add additional justices would take an act of Congress, along with support from the President, and it's unclear how the American people would respond to such a serious move to change 150+ years of precedent.

Meanwhile, the confirmation hearings for President Trump's Supreme Court nominee, Amy Coney Barrett, will start Monday. If she's confirmed, then the court will have 9 justices once again which could be crucial if a tie-breaking vote is needed to decide the legal battles that are expected to ensue immediately after Election Day.

CBN News will carry the Senate's confirmation hearings in their entirety. You can watch our LIVE coverage beginning at 9 a.m. Monday through Thursday on the CBN News Channel, the CBN News YouTube page, and here on You can also find all the latest updates on our Supreme Court Showdown page.

Do you support the Constitutional process for a full-court with 9 justices, the way it's been since 1869? Check out CBN’s Faith In Action petition to Fill the Supreme Court.

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About The Author

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Benjamin Gill oversees all web content as the Multimedia Manager for He has been on staff with CBN News as an internet and broadcast producer since 2000. You can follow him on Twitter @BenGillCBN. Here are some of his commentaries and articles: Pursuing Truth in a World of Fake News: Reflections of a Christian Journalist After 20 Years with CBN News The Breaking Point: Pandemic Pain, Persistent Prayer, and God's Bigger Picture Plagues, the End Times, and Trusting in God's Protection: 'You Will Hear Us and Rescue Us' 12 Powerful Bible Verses to Build Your Faith and Fight Fear