Trump said he is entitled to nominate Amy Coney Barrett because he won the 2016 election, and a Democratic president would have done the same thing.
“I’m not elected for three years, I’m elected for four years,” Trump said.
Biden said the winner of the election should have the right to make the nomination – and noted the court may strike down the health care law if Barrett is successfully confirmed.
Biden was also reluctant to say whether he supports a proposal by some Democrats to end the filibuster and “pack” the Supreme Court – adding justices – if Trump successfully appoints Barrett to the Supreme Court before the inauguration, and if Democrats take office.
In a heated moment of crosstalk between the president and former vice president, Trump badgered Biden about answering that question, while Biden redirected by saying it was not the main issue at hand.
“The issue is, the American people should speak. You should go out and vote,” Biden said, speaking directly to the camera, while Trump tried to interrupted him.
“Are you going to pack the court?” Trump interjected.
Trump nominated Barrett over the weekend, and Republicans have vowed for a swift confirmation process. As the minority in the Senate, Democrats have little chance of blocking Trump’s nominee from going through.