In this article we’ll provide a brief overview of each candidate’s stance on the Supreme Court and "court packing" — that is, adding more justices to secure a desired majority. We'll also give quick links to articles covering the topic from different rated outlets.


President Donald Trump has accused Democratic nominee Joe Biden of aiming to pack the Supreme Court. During his time in office, Trump has nominated three justices: Brett Kavanaugh and Neil Gorsuch, who were both confirmed, as well as Amy Coney Barrett. Trump referred to Barrett's nomination as a completion of "one of my highest and most important duties" as president. He expressed a desire to move the process along quickly, stating that a Democratic president would do the same.

Trump has said Biden's Supreme Court choices would be "radical" and negatively transform American law and standards “without a single vote from Congress.” He has argued that court packing would “destroy the court” and said Biden would inevitably cave to court packing efforts from “Radical Left Democrats.”


Democratic presidential nominee Joe Biden said last month that voters should decide through the election who nominates the next Supreme Court justice. Earlier this month, Biden said that he doesn’t want to reveal his position on court packing because he doesn’t want the issue to dominate the discussion, and appeared to say that voters “don’t deserve” to know his stance before the election. Later, Biden said he’s “not a fan” of court packing, and that he would address the issue after the election. Then, during his town hall on Oct. 15, Biden said he would take a stance on the issue before the Nov. 3 election.

Biden has criticized Republicans for allegedly rushing Barrett’s confirmation to eliminate the Affordable Care Act. Biden has promised to nominate a black woman to the Supreme Court and said he’s also working on a list of potential nominees, but has given no indication that he would release names before the election.

Quick links to coverage analyzing each candidates’ stances on the Supreme Court and court packing:


The Hill: McConnell challenger dodges court packing question

Christian Science Monitor: Why Supreme Court battle could tarnish global luster of US judiciary


AP Fact Check: Trump’s untruths on court pick, Biden’s flubs

Washington Post: Where Trump and Biden stand on the issues


Washington Examiner: Joe Biden can't be a centrist and entertain court-packing

The Federalist: Democrats Claim Republicans Are The Ones ‘Court Packing’ By Filling Empty Seats In The Judiciary

This piece was written by News Editor Micaela Ricaforte (Center bias) and Managing Editor Henry A. Brechter (Center bias).

Photo by Ian Hutchinson on Unsplash.