Appearing on Fox News’ “America’s Newsroom” Friday, Kennedy was asked about Biden’s refusal to share his thoughts on packing the Supreme Court. Sen. Kamala Harris (D-Calif.), Biden’s running mate, also would not say if her and Biden support adding more seats to the Supreme Court.
In response to Biden’s refusal to give his opinion on the subject until the election is over, Kennedy said, “Let me tell you what I think is obvious to the American people: Mr. Biden is a tool. Bernie Sanders is the oracle.”
“Mr. Biden is the nominee, but Sen. Sanders is the head of the party,” Kennedy continued. “I believe Mr. Biden has promised Sen. Sanders that he, Mr. Biden, will pack the court.”
He continued on Biden dodging on his opinion of court packing:
“He doesn’t want to say that because he knows undermining the independence of the United States Supreme Court, and essentially destroying it, is not popular with the American people. So, Mr. Biden has adopted this, ‘If I told you what I’m going to do, I’d have to kill you.'”
Sanders previously indicated that he is against packing the court. However, he suggested the idea of “[rotating] judges” by moving some off of the Supreme Court to lower courts. He also previously told The Washington Post when saying he is against court packing, “Once the process of packing the court starts, it could continue with each political party adding more judges when they have the power to do so.”
See Kennedy’s comments below:
Biden was asked again on Thursday if he supports court packing, to which he answered, “You’ll know my opinion on court-packing when the election is over,” as IJR reported.
“It’s a great question, and I don’t blame you for asking it, but you know the moment I answer that question, the headline in every one of your papers will be about that other than focusing on what’s happening now,” Biden added. “The election has begun. There’s never been a court appointment once an election has begun.”