KTNV reporter Ross DiMattei: “This is the number one thing that I’ve been asked about from viewers in the past couple of days.”
Biden: “Well you’ve been asked by the viewers who are probably Republicans who don’t want me continuing to talk about what they’re doing to the court right now.”
Reporter: “Well, sir don’t the voters deserve to know…?”
Biden: “No they don’t…. I’m not gonna play his game, he’d love me to talk about, and I’ve already said something on court packing, he’d love that to be the discussion instead of what he’s doing now. He’s about to make a pick in the middle of an election, first time it’s ever been done, first time in history it’s ever been done.”
Beyond Biden’s claim that voters don’t deserve to know if he will pack the court and the fact that he won’t even tell voters who he would appoint to the court, he is simply wrong about the claim that no justice has ever been voted on during an election. One hundred and forty-four people have been nominated to the Supreme Court. Twenty-three were nominated during a presidential election year. Another eight were nominated in the “lame-duck,” post-election transition period that occurs during the last few months of a president’s stay in office. More information on this issue is available here.