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Gov. DeSantis suggests Joe Biden, Kamala Harris will pack Supreme Court with ‘left-wing activists’

Desantis described such a move as ‘fundamentally illegitimate.’

Gov. Ron DeSantis on Sunday suggested that Joe Biden and Kamala Harris will add more Justices to the Supreme Court if they were to win the presidential election.

“If they weren’t going to go in that direction, wouldn’t Biden and Harris just say: no, we don’t support that?” DeSantis told Fox News’ Mark Levin. “Its not popular with the public and the fact that they won’t answer tells me that’s what they want to do.”

The Governor’s postulation comes after several Democrats proposed court-packing as a counter-punch to the Republican effort to appoint Supreme Court nominee Amy Coney Barrett before Election Day.

DeSantis noted that the Constitution does not fix the number of justices. However, he described the move as “fundamentally illegitimate” and warned of “left-wing activists” joining the Court.

“The liberals have relied on the court to try to get social policy for decades,” DeSantis said. “If they do this, I wonder to what extent the Court as an institution is really going to be able to survive in its current form.”

President Donald Trump nominated Barret days after the death of Justice Ruth Bader Ginsburg. The nomination outraged Democrats, who in 2016 witnessed Senate Republicans stall President Barack Obama‘s nomination of Merrick Garland.

Republicans argued then a Supreme Court nomination should not be held during an election year.

Democrats would need to win the presidential election and gain control of the Senate before adding more Justices to the Court, if they so choose.

Meanwhile, Barrett is scheduled to appear Monday morning before the Senate Judiciary Committee to begin her fast-track confirmation.

DeSantis on Sunday threw his weight behind the 48-year-old appeals court judge.

“I think the President made a great selection,” he said. “I think Judge Barrett will be an outstanding Justice. I think she should be confirmed and I think she will be confirmed.”

Thus far, only two Republicans – Sens. Susan Collins of Maine and Lisa Murkowski of Alaska – have spoken against the nomination.

Republicans hold a 53-47 majority in the Senate.

Written By

Jason Delgado is a state capital reporter at Florida Politics. After serving in the U.S. Army, Jason attended the University of Central Florida where he studied American Policy and National Security. His past bylines include WMFE-NPR and POLITICO Florida. You can reach him at or on Twitter at @_JasonDelgado.

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