Democratic presidential nominee Joe Biden calling the Supreme Court “out of whack” is “alarming,” Fox News contributor Jonathan Turley said Monday.
“What Vice President Biden is referring to is a series of proposals put out by professors to fundamentally change the Supreme Court and some of them are quite wacky,” Turley, a George Washington University law professor, told “America’s Newsroom.”
“You’re talking about proposals in one case that is being put forward by [former 2020 candidate] Pete Buttigieg [to] just go ahead and select five Democrats for the court, five Republicans, and then five sort of transient or temporary justices. That’s the type of proposal that is being batted around in addition to court-packing,” Turley said.
Biden told CBS News’ “60 Minutes” in an interview that aired Sunday that he is going to form a commission to examine “how to reform the court system” after playing coy with the media for weeks about his stance on court packing.
Joe Biden calling the Supreme Court “out of whack” is alarming. https://t.co/xqxCOY7xGC
— American Conservatives (@AmConservatives) October 27, 2020
“If elected, what I will do is I’ll put together a national commission, a bipartisan commission of scholars, constitutional scholars, Democrats, Republicans, liberals, conservatives,” Biden said. “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.”
“They’re even calling this vote [to confirm Judge Amy Coney Barrett] a form of court-packing, which is legally and logically incomprehensible,” Turley said Monday. “I mean, this is not court-packing, it is filling a vacancy according to the constitutional system.”
Turley went on to say, “What this commission seems designed to do is to give a form of enablement to Vice President Biden and the Democrats. But what is also worrisome is that when you look at what they’re saying, they’re saying if Judge Barrett is confirmed … that will give them license to tear apart one of the most important institutions in the country. It’s like kids saying, ‘Step over this lie and if you do, I have a right to fight you.'”
Democrats have accused Republicans of packing the courts by filling vacant judgeships and proceeding with President Trump’s nomination of Judge Amy Coney Barrett to the Supreme Court so close to Election Day.