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On Fox Across America with Jimmy Failla, White House Press Secretary Kayleigh McEnany discussed Joe Biden saying Americans don't deserve an answer on whether the Biden/Harris ticket supports packing the court if they win the election.

"He refused to give his stance after being asked probably a dozen times by now, including in the debate. He says that the American people don't deserve to know. So apparently we're undeserving voters. No one deserves to know where he stands, which is just ludicrous. The American people do deserve to know the decision on a matter that could reshape the republic, as the Senate once told FDR. It would not only change the makeup of the court, the number of people on the court, but would also change the filibuster rules in the Senate, thus remaking the legislature as well. We do deserve to know."

"It does frustrate me because it's a blatant effort to deflect. It is the Article Two, Section Two duty of the President of the United States to fill a vacant seat. It's his constitutional prerogative to do that. It is not court packing. Court packing, by contrast, is what FDR tried to do and was roundly condemned for. You know, we've had nine justices on the Court since the late Eighteen-hundreds. It should stay that way. But of course, they'll try to repackage the argument and deflect or dodge so they don't have to answer a question that would either gravely harm the support from their base or would it would isolate moderates because either way, that it's a loss for them."