Neither Pelosi, nor Schumer’s spokesmen have responded to Fox News’ request for comment on the matter, but both have made past public statements suggesting that there was nothing congressional Democrats would rule out should they take the majority.
Pelosi, D-Calif,, has suggested that Democrats need to think about both the “short term” and the “long term” with regards to political tactics related to the court — referring to the confirmation of President Trump’s Supreme Court nominee Amy Coney Barrett.
Biden, who had opposed court packing in the primary, refused to answer the question on Thursday, saying “you’ll know my position on court-packing the day after the election.”
On Friday, a KTNV reporter repeated the question 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.”
“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," Biden replied. "I'm not gonna play his game, he’d love me to talk about, and I’ve already said something on court-packing.”
During last week's vice presidential debate, Harris dodged the question when asked by Vice President Mike Pence, saying only that the “American people deserve to make the decision” of “who will serve for a lifetime.”
“Joe and I are very clear the American people are voting right now, and it should be their decision about who will serve on this most important body for a lifetime," she said.
The nomination of Barrett to fill the vacancy on the high court drew threats from congressional Democrats — some in leadership positions and other rank-and-file lawmakers — of implementing a strategy to pack the Supreme Court if they take control of the White House and the Senate after election day.
“If Sen. McConnell was to force through a nominee during a lame duck session – before a new Senate and President can take office – then the incoming Senate should immediately move to expand the Supreme Court,” Rep. Jerry Nadler, the Democratic chair of the House Judiciary Committee, said last month. “Filling the SCOTUS vacancy during a lame duck session, after the American people have voted for new leadership, is undemocratic and a clear violation of the public trust in elected officials.”
“Congress would have to act and expanding the court would be the right place to start” Nadler added.
Rep. Joe Kennedy III, D-Mass., warned that if Senate Majority Leader Mitch McConnell, R-Ky., holds a vote in 2020 for a Trump nominee, Democrats will “simply pack the court in 2021.”
Barrett’s confirmation hearing is set to begin on Oct. 12 before the Senate Judiciary Committee, which Harris sits on, and run through Oct. 15.