President Trump said Democratic nominee Joe Biden has "zero chance" of resisting members of his party who want him to pack the courts and referenced the historial lesson of President Franklin Delano Roosevelt's attempt to expand the Supreme Court.
"FDR’s own party told him you cannot PACK the United States Supreme Court, it would permanently destroy the Court," Trump wrote on Twitter on Saturday evening. "But now the Radical Left Democrats are pushing Biden to do this. He has zero chance against them!"
The confirmation hearing process for Trump's nominee, Judge Amy Coney Barrett, is slated to start on Monday.
Meanwhile, Biden said on Friday that voters don't deserve to know if he would attempt to pack the Supreme Court if he wins in November and Barrett is confirmed.
The flag-draped casket of Justice Ruth Bader Ginsburg arrives at the Supreme Court in Washington, Wednesday, Sept. 23, 2020. Ginsburg, 87, died of cancer on Sept. 18. (AP Photo/Patrick Semansky)
On Friday, a KTNV reporter asked him again about whether he backs court packing and said: "This is the number one thing that I've been asked about from viewers in the past couple of days."
“Well you’ve been asked by the viewers who are probably Republicans who don't want me continuing to talk about what they’re doing to the court right now,” Biden responded.
“Well, sir don’t the voters deserve to know…?” reporter Ross DiMattei asked.
“No, they don’t…. I'm not gonna play his game, he’d love me to talk about, and I’ve already said something on court packing, he’d love that to be the discussion instead of what he’s doing now,” Biden said, likely referring to President Trump.
“He’s about to make a pick in the middle of an election, first time it’s ever been done, first time in history it’s ever been done,” he said.
Democratic presidential candidate former Vice President Joe Biden speaks at a Las Vegas Drive-In campaign event at Southeast Career Technical Academy , Friday, Oct. 9, 2020, in Las Vegas. (AP Photo/Carolyn Kaster)
The idea of “packing” the court with extra justices — attempted unsuccessfully by President Franklin Delano Roosevelt in 1937 to force through parts of his New Deal that were ruled unconstitutional by the high court — has been a fringe idea for years.
But it began to move into the mainstream after Republicans refused to hold hearings for Merrick Garland — former President Barack Obama’s 2016 pick to replace Justice Antonin Scalia — because it was an election year.
Since Ginsburg’s death, and Trump’s move to fill the seat, more Democrats have called for the court to be packed if Barrett is confirmed and they win the presidency and the Senate.
Fox News' Adam Shaw, Hillary Vaughn and Alexandra Rego contributed to this report.