Democratic vice-presidential candidate Sen. Kamala D. Harris on Monday dodged a question on whether Democrats should expand the number of seats on the U.S. Supreme Court if they control the House, Senate and White House next year.
Asked if the Supreme Court should be expanded if Judge Amy Coney Barrett is confirmed, Ms. Harris said her presidential running mate Joseph R. Biden has been clear about the fact that people are voting right now.
“We’re actually in the election,” she said on MSNBC. “They have a right in an election to elect their next president who then will make the decision about who will be the nominee.”
Mr. Biden has refused to engage on the question of whether Democrats should move to add seats to the court, saying it’s a distraction from Republicans’ push to quickly confirm Judge Barrett to fill the vacancy left by the death of Justice Ruth Bader Ginsburg.
Rather than try to pivot or deflect, Mr. Biden has simply said he’s not going to answer the question.
Liberals are demanding that Democrats retaliate by abolishing the legislative filibuster and packing the court if Senate Republicans push Judge Barrett’s nomination through this close to Election Day, which is Nov. 3.
Mr. Biden and Ms. Harris are caught between those voices and moderate swing voters who don’t necessarily want to see Democrats embrace extreme remedies to counter President Trump.