Former Vice President Joe BidenJoe BidenHillicon Valley: Biden calls on Facebook to change political speech rules | Dems demand hearings after Georgia election chaos | Microsoft stops selling facial recognition tech to police Trump finalizing executive order calling on police to use ‘force with compassion’ The Hill’s Campaign Report: Biden campaign goes on offensive against Facebook MORE said that he does not support expanding the Supreme Court, differing from some of his fellow Democratic presidential contenders.
“No, I’m not prepared to go on and try to pack the court, because we’ll live to rue that day,” he told Iowa Starting Line on Thursday.
Biden’s comments come after several other 2020 Democratic presidential candidates have indicated that they are open to expanding the Supreme Court or making other judicial reforms.
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Former Rep. Beto O’RourkeBeto O’RourkeBiden will help close out Texas Democrats’ virtual convention: report O’Rourke on Texas reopening: ‘Dangerous, dumb and weak’ Parties gear up for battle over Texas state House MORE (D-Texas) and South Bend, Ind. Mayor Pete ButtigiegPete ButtigiegScaled-back Pride Month poses challenges for fundraising, outreach Biden hopes to pick VP by Aug. 1 It’s as if a Trump operative infiltrated the Democratic primary process MORE have both suggested that they could support increasing the number of Supreme Court justices. Sens. Elizabeth WarrenElizabeth WarrenWarren, Democrats urge Trump to back down from veto threat over changing Confederate-named bases OVERNIGHT DEFENSE: Joint Chiefs chairman says he regrets participating in Trump photo-op | GOP senators back Joint Chiefs chairman who voiced regret over Trump photo-op | Senate panel approves 0B defense policy bill Trump on collision course with Congress over bases with Confederate names MORE (D-Mass.), Kamala HarrisKamala Devi HarrisRand Paul introduces bill to end no-knock warrants The Hill’s Campaign Report: Biden campaign goes on offensive against Facebook McEnany says Juneteenth is a very ‘meaningful’ day to Trump MORE (D-Calif.) and Kirsten GillibrandKirsten GillibrandWarren, Democrats urge Trump to back down from veto threat over changing Confederate-named bases Warren, Pressley introduce bill to make it a crime for police officers to deny medical care to people in custody Senate Dems press DOJ over coronavirus safety precautions in juvenile detention centers MORE (D-N.Y.) have not ruled out the idea, according to a Politico article from earlier this year.
Several progressive leaders have argued that expanding the Supreme Court should be considered to counteract the conservative judges that have been confirmed under President TrumpDonald John TrumpSenate advances public lands bill in late-night vote Warren, Democrats urge Trump to back down from veto threat over changing Confederate-named bases Esper orders ‘After Action Review’ of National Guard’s role in protests MORE.
But other candidates, including Sens. Cory BookerCory Anthony BookerRand Paul introduces bill to end no-knock warrants Black lawmakers unveil bill to remove Confederate statues from Capitol Harris grapples with defund the police movement amid veep talk MORE (D-N.J.) and Michael BennetMichael Farrand BennetSome realistic solutions for income inequality Democratic senators kneel during moment of silence for George Floyd 21 senators urge Pentagon against military use to curb nationwide protests MORE (D-Colo.) have been less interested in expanding the Supreme Court.
Democrats remain frustrated that Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellSenate advances public lands bill in late-night vote GOP senator to try to reverse requirement that Pentagon remove Confederate names from bases No, ‘blue states’ do not bail out ‘red states’ MORE (R-Ky.) blocked former President Barack ObamaBarack Hussein ObamaHarris grapples with defund the police movement amid veep talk Five ways America would take a hard left under Joe Biden Valerie Jarrett: ‘Democracy depends upon having law enforcement’ MORE’s final Supreme Court nominee, Merrick GarlandMerrick Brian GarlandDon’t mess with the Supreme Court Graham on potential Supreme Court vacancy: ‘This would be a different circumstance’ than Merrick Garland Prosecutor who resigned over Stone sentencing memo joins DC attorney general’s office MORE.
Biden told Iowa Starting Line that he thinks that he and Obama should have been “a whole heck of a lot harder” on McConnell over the Garland nomination.
The former vice president also said that he would be open to renominating Garland, calling the judge a “first-rate person.”
Biden added that he’s “not going to seat anybody on the court, lower court or otherwise, who doesn’t support the basic fundamental notion that there’s an inherent right to privacy.”
Brian Fallon, executive director of the progressive group Demand Justice, criticized Biden’s opposition to expanding the Supreme Court. He also criticized Biden’s openness to renominating Garland — who would be 68 in 2021, older than many Trump-appointed judges.
“Biden’s comments reflect an anachronistic approach to the Supreme Court that simply won’t do in 2020,” Fallon said in a statement.
— Updated at 6:17 p.m.