Democrat presidential candidate Joe Biden proposed a new court packing scheme Monday that would allow the president to rotate justices on and off the U.S. Supreme Court.
The Christian Post reports Biden mentioned the idea during a campaign event in Pennsylvania. Originally, it was socialist U.S. Sen. Bernie Sanders who proposed the court rotation idea during his failed presidential run, according to the report.
Biden, a pro-abortion Democrat, has been avoiding directly answering questions about court packing. Over the weekend, he said he would create a commission to make recommendations on court reforms.
But on Monday, he posed a more concrete idea about packing the court.
“There’s some literature among constitutional scholars about the possibility of going from one court to another court, not just staying always the whole time on the Supreme Court,” Biden told voters at the campaign stop.
However, he said it is just an idea, and he would consider the recommendations of his court commission, according to the report. Biden also said he does not support term limits for Supreme Court justices, according to the report.
Thomas Jipping, deputy director of the Heritage Foundation Center for Legal and Judicial Studies, told the Christian Post that Biden’s idea is “simply packing the Supreme Court by other means” and almost certainly unconstitutional.
Jipping said the plan would allow a president to “banish a justice he did not like to some other court for the rest of his judicial life.”
Earlier this month, Biden told a reporter that voters don’t deserve to know if he plans to pack the Supreme Court with radical leftists who will keep abortion on demand in place for decades to comes.
“Well, sir, don’t the voters deserve to know-” a reporter started to ask.
“No, they don’t deserve” to know, Biden retorted.
He also refused to say if he would pack the Supreme Court during a recent presidential debate.
“Whatever the position I take, that will be the issue,” Biden said when asked if he will pack the court. “The issue is the American people should speak. You should go out and vote. You are voting now. Vote and let your senators know how strongly you feel. Vote now. Make sure you in fact let people know.”
Biden said he would appoint judges who support abortion on demand, if elected.
[T]hey have to… acknowledge the unenumerated rights and a right to privacy in the Constitution, and the “penumbra” [laws] and the Ninth Amendment, then in fact that means I know they will, in fact, support Roe v. Wade,” he told the New York Times in January. “They’ll support a woman’s right to choose…That is critical.”