Joseph R. Biden said Saturday that the push by President Trump and Senate Republicans to fill the current vacancy on the U.S. Supreme Court is unconstitutional.
“Look, the only court-packing is going on right now. It’s going on with the Republicans packing the court now. It’s not constitutional what they’re doing,” Mr. Biden said as he was traveling to campaign in Pennsylvania.
Mr. Biden has repeatedly declined to say whether he would push to add seats to the high court if the Senate confirms Judge Amy Coney Barrett this close to the November election.
“The fact is that the only packing going on is this court is being packed now by the Republicans after the vote has already begun,” said Mr. Biden, the Democratic presidential nominee. “I’m going to stay focused on it so we don’t take our eyes off the ball here.”
Many Democrats have protested that confirming a new justice this close to the election is precedent-breaking, particularly given Senate Republicans’ 2016 blockade of Judge Merrick Garland, former President Barack Obama’s Supreme Court pick.
But few, if any, have said that the Senate’s moving to fill a Supreme Court vacancy after the president nominates a candidate is unconstitutional.
Mr. Biden had previously described the push as “constitutional abuse” of power.