In the vice presidential debate, California Sen. Kamala Harris on Oct. 7 argued that the candidate who is elected president this November should determine who selects the justice who will take the late Justice Ruth Bader Ginsberg’s seat on the U.S. Supreme Court, pointing to President Abraham Lincoln’s decision to wait to replace a justice who died a few weeks prior to Election Day in 1864 until after the election.
Harris did not directly answer whether a Biden administration would consider "packing the court” — increasing the number of justices from nine. Harris instead drew attention to the many federal judges Trump has nominated over the course of his first term, charging that several of those people have been "purely ideological" and found to be “substandard" or “not competent” in reviews from legal professional organizations.
At least 10 Trump appointees have been deemed "not qualified" by the American Bar Association, according to Ballotpedia. Harris added that of the 50 judges who Trump has given lifetime appointments on the Federal Court of Appeals, "not one is Black."
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