Instead of answering, he deflected again and accused Republicans of “violating the Constitution.”
“I’m not going to play Trump’s game. Right now, my entire focus is seeing to it that the American people get a chance – the election has already started – to have their say on who the next Supreme Court justice is. And that’s what I’m focused on,” he said.
When asked how Republicans were violating the Constitution, Biden used his legal experience as a crutch.
“The Constitution says that the American people — I taught constitutional law for over 20 years — says the American people get an opportunity to choose who they want on the Supreme Court by who they pick as their senator and their president,” Biden claimed.
Biden taught classes at Widener University Delaware Law School for several years, but that experience clearly has not helped him.
Nowhere in the Constitution does it say that the American people get to decide who sits on the Supreme Court.
Instead, it specifies that the president has the authority and the right to nominate for vacancies, and then the Senate gives “advice and consent” — in other words, confirmation.
Leftists, however, are furious that Trump is exercising that authority to fill the late Justice Ruth Bader Ginsburg’s seat, and are threatening to add seats to the bench if they retake the Senate in November.
Biden opposed court-packing last year, but has refused to condemn the radical proposal since then.
“Whatever position I take on that, that’ll become the issue,” Biden said during Tuesday’s presidential debate. “I’m not going to answer the question.”