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CNN’s “State of the Union” host Jake Tapper tried repeatedly and unsuccessfully on Sunday to get the Biden campaign to answer whether or not the former vice president plans on “packing” the Supreme Court with far-left radicals.
In addition, Tapper flatly dismissed campaign spokeswoman Kate Bedingfield’s claims about efforts by President Donald Trump and the Republican-controlled Senate to nominate and seat Judge Amy Coney Barrett ahead of the Nov. 3 election as being unconstitutional.
To begin the segment, Tapper played a clip of Democratic nominee Joe Biden refusing to answer the yes-or-no question during an exchange with reporters at the airport in Wilmington, Del., in which he Trump’s nomination and the Senate’s confirmation actions are “not constitutional.”
“He said it’s ‘not constitutional what they’re doing’…how is that unconstitutional what they’re doing?” Tapper asked incredulously, as the chyron below read, “Biden Refuses (Again) To Answer On Adding Justices.”
“His point is that the people have an opportunity to weigh in on this constitutional process through their vote, and we are now in the midst of the election,” Bedingfield said, adding that millions of Americans have already cast their votes.”
She also claimed that polling indicates most Americans want to wait and see who wins the election before a new justice is nominated.
“That’s a poll, that’s not the Constitution,” Tapper interjected.
“There is the constitutional process of advice and consent. The American people get to have their say,” Bedingfield countered, “by voting for president, by voting for senators.”
“Wait…but it’s not unconstitutional,” Tapper interrupted.
“Voters are being denied their constitutional right to have a say in this process,” the Biden campaign spokesman falsely claimed.
“They elected the Senate!” Tapper noted.
“They are trying to ram through…a nominee who, by the way, is gonna change the makeup of the court. And we see, time and time again, poll after poll shows that most Americans vehemently disagree with this,” she said.
“Again, Kate, that’s a poll. That’s not what the word ‘constitutional’ means. Constitutional doesn’t mean I like it or I don’t like it,” Tapper said, mockingly. “It means it’s according to the U.S. Constitution. There’s nothing unconstitutional about what the U.S. Senate is doing.”
Bedingfield again claimed, incorrectly, that Americans were being denied a say in the nomination process, despite Tapper’s earlier effort to remind her that voters have already had their say — in 2016, when they chose President Trump and some senators, and again during the 2018 midterms.
“I get that you don’t like it, but it’s not unconstitutional,” Tapper said, moving on to the question of whether Biden, as president, would support expanding the number of justices on the Supreme Court, presumably so he could fill the new vacancies with left-wing activists.
Tapper played clips of Biden opposing court-packing during a Senate hearing in 1983 and again during a recent Democratic primary debate in which he said doing so would lead Republicans to follow suit when they regained power as well as a loss of credibility for a branch of government that is supposed to provide checks and balances on the other two.
“Biden opposes adding justices to the court, he has for decades, so why is he refusing to weigh in on it now?” Tapper asked.
“Because Donald Trump and the Republicans don’t get to set the terms of this debate. I mean, this is a distraction that they want to throw out, this is a hypothetical that they want to throw out right now,” the Biden spokeswoman said.
Tapper interjected again, saying, “Kate, it’s not the Trump people who invented this question, right? The idea of adding justices came from the progressive side of the Democratic Party…It’s just a simple question…”
Bedingfield then launched into a diatribe about Vice President Mike Pence asking Biden running mate Sen. Kamala Harris (D-Calif.) the same question during their debate last week and Republicans allegedly dodging health care issues without giving Tapper a yes-or-no answer.
“I get it, we ask Republicans those questions, but we get to ask Democrats questions too, and this is a simple question that, frankly, Trump did not invent,” Tapper said, adding he “thought it was odd” in recent days when Biden told reporters “voters do not deserve an answer on this.
“Of course, voters deserve an answer on his position on every issue,” Tapper said.
“He’s given an answer,” Bedingfield insisted. “He’s probably answered this question 15 times over the course of the last week.”
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