I don’t know how much the voters care, but I thought it unfortunate that Kamala Harris ducked the question Pence insistently posed to her: would Joe Biden seek to pack the Supreme Court? The correct response was not to dodge the issue but to refuse to answer, righteously and defiantly. I would have liked to hear her say something like this:
You talk about packing the Supreme Court? That’s already happening. A president elected against the wishes of a majority of voters has placed two extreme right-wing jurists on the Court, and now wants to ram through a third, all three of them tainted in one way or another. You can ask me about Court packing only if you’re willing to join the majority of the American people in opposing the nomination of a new justice before the people make their choice of president next month. Mitch McConnell and Donald Trump have done far more to torpedo the legitimacy of the Court than Joe Biden could ever do. But now, having broken all the rules you demand that Joe Biden honor the rules and accept a radical right-wing dominance of the Court for the next generation. No, sorry, we don’t engage in unilateral disarmament—that’s not our thing. An activist, reactionary Court that tries to undo important and necessary work of the Biden administration for the American people will not be acceptable. So, we’ll see whether the tenuous legitimacy of the Court can hold up or whether some kind of reform will be necessary. No promises.