In Wednesday's debate against Vice President Mike Pence, Sen. Kamala Harris (D-CA) would not say whether she supports adding more seats to the U.S. Supreme Court if Democrats gain enough power in the November election.
Pence described Democrats' support for the strategy, which many in the party have floated or supported as a response if Republicans confirm nominee Judge Amy Coney Barrett to the Supreme Court
"But your party is actually openly advocating adding seats to the Supreme Court which has had nine seats for 150 years if you don't get your way," he said. "This is a classic case of if you can't win by the rules, you're going to change the rules."
Instead of answering whether she favors the move, Harris talked about history, saying President Abraham Lincoln had once declined to nominate a new justice less than a month before a presidential election.
Pence called out her deflection.
"You once again gave a non-answer," he said. "Joe Biden gave a non-answer. The American people deserve a straight answer and if you haven't figured it out yet, the straight answer is they are going to pack the Supreme Court if they somehow win this election."
Both Harris and Democratic nominee for president Joe Biden and Harris have refused on several occasions to tell the public whether they are in favor of such a move. Democrats would have to win the presidency and control both houses of Congress to succeed in increasing the number of justices on the Supreme Court.
Harris responded by discussing the racial makeup of President Trump's nominees to appeals court seats.
"Do you know that of the 50 people who President Trump appointed to the Court of Appeals for lifetime appointments, not one is black?" she asked. "This is what they've been doing. You want to talk about packing a court? Let's have that discussion."