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As someone who will crawl over glass to elect Joe Biden and try to pull this country out of the fire, I know why he avoids answering this. His campaign is being risk-averse, because the alternative is a nation-rending calamity. There is no issue or position that important. @kathrynw5/1314296655156375552
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That said, I think Biden and Harris should have had some version of a better answer ready for this. Like: "We have no interest in disrupting the status quo of our courts, even as they now overwhelmingly stacked by less-than-qualified ideologues at all levels...
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And no action should be taken if our institutions are responsibly run by the norms and procedures that have governed them for many years, despite and in fact because of the recent tumults. However...
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we will not allow a shrinking minority to entrench one-party rule in the courts for generations by abandoning norms for raw power and shamelessly lying to their colleagues and the American people. 'Anything the Constitution doesn't prohibit' cannot be how they or we govern...
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Should my campaign prevail, we'll evaluate the situation as we take office. Everyone here knows my preference is not to add justices, nor to do anything but rebuild our battered institutions. However...
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we will take prudent measures, from minor rules changes to measures necessary for preventing the court from swinging wildly out of balance. We will not fail to take corresponding action for any Republican actions, as that threatens the structural integrity of our nation.
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From President Obama's use of a Republican-originated health plan to promote moderation to the constant Republican abuses of power, Democrats have often pulled back from any counter-reaction. This is no longer sustainable, and anti-Constitutional excess will be evenly matched."