SCOTUS debate likely to inflame debate
WILMINGTON, DEL. » President Donald Trump and his Democratic challenger, Joe Biden, were already set to fight when they share a stage today in Cleveland, but the death of Supreme Court Justice Ruth Bader Ginsburg means things may get tenser even faster.
Moderated by Fox News’ Chris Wallace, the 90-minute debate will feature segments on the Supreme Court, the coronavirus, the economy, race and policing, election integrity and the candidates’ records. Trump’s taxes will also likely be a focus after The New York Times reported that he paid just $750 in federal income taxes the year he ran for office and paid no income taxes at all in many other years.
Still, the court is expected to be the dominant topic in the debate, with other top issues being seen along the same ideological spectrum.
“In national campaigns, we always say the court is important,” said Robert Barnett, who has advised Democratic candidates on debate prep since Jimmy Carter’s runningmate, Walter Mondale, in 1976. “This time it may actually turn out to be.”
Both candidates are likely to repeat their talking points about the Supreme Court. But during the debate, their comments are likely to reach vast swaths of the electorate that haven’t been following the campaign closely. Biden has said Ginsburg’s seat should remain vacant until after the election, while Trump has nominated Amy Coney Barrett and the Republican- controlled Senate is rushing to confirm her.
Biden promises to name a Blackwoman to the court if he gets the chance, but has resisted Trump’s call for him to release a list of possible Supreme Court nominees, as Trump did this year and in 2016. Biden also won’t commit to expanding the court, as some leading progressives are advocating, arguing that to do either would be playing politics by Trump’s rules.
He’s instead using the vacancy to focus on how the court fight could threaten the Obama administration’s signature health care law amid a pandemic — a case he’ll make again during the debate.