Former Vice President Joe Biden claimed Friday that President Donald Trump is already “packing” the Supreme Court.
Biden himself has avoided saying if he supports packing the Court, and dodged the question again at a town hall Thursday.
But on Friday, Biden attempted to claim that it is really the president who is “packing the Court” by appointing judges to fill existing vacancies.
Biden claimed that insurers were attempting to reverse Obamacare (a.k.a. the Affordable Care Act) in the latest legal challenge to the law. He added: “That what’s this court-packing going on now is about.”
“Court-packing” or “packing the Court” refers to the practice of expanding the number of seats on the Supreme Court and then filling them with adminsitration-friendly appointees. Sen. Ted Cruz (R-TX) explained it this week:
Cruz said that “packing the Court” meant “expanding the number of justices to achieve a political outcome.”
It did not, he added, mean “filling judicial vacancies.”
Cruz made his comments during the confirmation hearing for Judge Amy Coney Barrett, who has been nominated by President Donald Trump to fill the vacancy left by the passing of Justice Ruth Bader Ginsburg on the Supreme Court.
After saying for weeks that he would not tell voters his position on court-packing before the election, Biden told ABC’s George Stephanopoulos at a town hall on Thursday evening that he would announce his view before Election Day.
Biden also repeated a number of hoaxes, including the false claim that Trump called neo-Nazis in Charlottesville “very fine people,” and the false claim he called U.S. troops “losers.” Both statements have been fact-checked numerous times as false.
Joel B. Pollak is Senior Editor-at-Large at Breitbart News and the host of Breitbart News Sunday on Sirius XM Patriot on Sunday evenings from 7 p.m. to 10 p.m. ET (4 p.m. to 7 p.m. PT). His newest e-book is The Trumpian Virtues: The Lessons and Legacy of Donald Trump’s Presidency. His recent book, RED NOVEMBER, tells the story of the 2020 Democratic presidential primary from a conservative perspective. He is a winner of the 2018 Robert Novak Journalism Alumni Fellowship. Follow him on Twitter at @joelpollak.