Joe Biden has finally answered the question of whether or not he would increase the size of the Supreme Court in order to add more liberals to the bench, and the answer is that he will very much consider it. Biden said that should he win the election, he intends to form a "bipartisan commission" that would recommend changes to the Supreme Court.
He has refused to answer the question as increasing the number of justices, commonly known as "court packing," but in a 60 Minutes interview with Norah O'Donnell slated to air on Sunday, and reported by CNN, Biden said that:
"If elected what I will do is I'll put together a national commission of—bipartisan commission of—scholars, constitutional scholars, Democrats, Republicans, liberal, conservative, and I will ask them to over 180 days come back to me with recommendations as to how to reform the court system because it's getting out of whack, the way in which it's being handled."
By the "out of whack" way in which it's "being handled," Biden must be referring to the practice of the sitting president nominating a replacement for a Supreme Court Justice who has either retired or died. This "out of whack" method of choosing new Justice's is how it's been done for a few centuries.
The only thing that's substantively changed is that President Trump has been the one doing the nominating during his time in office. It is not the method or practice that's changed, it's simply that Biden, Harris, and the Democrats don't like the guy doing the nominating.
"And it's not about court packing," Biden went on to say. "There's a number of other things that constitutional scholars have debated and I've looked to see what recommendations that commission might make."
Some constitutional scholars have recently come out in opposition to free speech.
The controversy surrounding the concept of court packing and the Democrats intentions thereto began with the recent death of revered Supreme Court Justice Ruth Bader Ginsburg, and the nomination of Judge Amy Coney Barrett. Ginsburg was undoubtedly a liberal Justice, while Barrett is clearly conservative.
During her confirmation hearings, Democrats grilled Barrett on her views on the Affordable Care Act (ACA), abortion rights as codified under Supreme Court Case Roe v. Wade. The assumption among Demcorats, despite neutral answers from Barrett, is that she will behave as an activist judge who seeks to overrule existing Court decisions and create new ones based on her personal feelings rather than law.
Votes on Barrett's confirmation to the highest court in the nation will go through, although Democrats have boycotted that vote. Perhaps they are waiting for a Biden/Harris administration to make a play to increase the number of Justices on the bench, so that they can push through nominees based on their own personal feelings, and no comply with existing, judicial, Supreme Court precedent.