Explore The NRA Universe Of Websites

APPEARS IN News

Biden’s Debate Performance Shows U.S. Supreme Court and Second Amendment on the Ballot in 2020

Monday, October 5, 2020

Biden’s Debate Performance Shows U.S. Supreme Court and Second Amendment on the Ballot in 2020

Since the death of Associate U.S. Supreme Court Justice Ruth Bader Ginsburg in mid-September, the more vociferous elements of the radical left have called for a total transformation of the high court should the Democratic Party capture the presidency and the U.S. Senate in November. These extreme voices have called for an end to the Senate filibuster in order to enable a purely partisan court-packing scheme that would secure a left-wing majority on the Supreme Court. The strategy amounts to a tacit admission of what many have long suspected – that the plan’s proponents view the federal judiciary as another legislative branch of government that is key to ratifying unconstitutional measures, rather than an independent body tasked with acting as the arbiter and defender of the U.S. Constitution.

When given the chance to reject this fanatical plan, Democratic presidential candidate Joe Biden has demurred.

Consider the following exchange between moderator Chris Wallace and the former vice president during the September 29 presidential debate:

Wallace: One final question for you, Mr. Vice President, if Senate Republicans -- we were originally talking about the Supreme Court here -- if Senate Republicans, go ahead and confirm justice Barrett, there has been talk about ending the filibuster, or even packing the court, adding to the nine justices there. You call this a distraction by the president, but in fact it wasn't brought up by the President, it was brought up by some of your Democratic colleagues in Congress. So my question to you as you have refused in the past to talk about it: Are you willing to tell the American people tonight, whether or not you will support either ending the filibuster or packing the court? 

Biden: Whatever position I take on that, that'll become the issue -- the issue is, the American people should speak. You should go out and vote. We're in voting now, vote and let your senators know how strongly you feel. Vote now, in fact let people know it is your senators. I'm not going to answer the question.

Following Biden’s refusal to answer, Wallace did not press the candidate but instead moved on to another topic. An ABC News/Washington Post poll conducted in September showed that Americans oppose increasing the size of the high court by a 22-point margin.

Given Biden’s steadfast refusal to state his position on such a monumental policy measure, it is rational for concerned citizens to conclude the worst.

It was a narrow 5-4 U.S. Supreme Court decision that concluded in District of Columbia v. Heller that the Second Amendment protects an individual right to keep and bear arms. A similarly narrow 5-4 majority also incorporated that right to the states in McDonald v. Chicago. Even with a majority of justices that recognize the proper individual rights interpretation of the Second Amendment, the narrow majority has proven reluctant to vindicate this right when presented with the opportunity. 

Second Amendment supporters cannot afford to permit a President Biden and Democrat-controlled Senate to pack the U.S. Supreme Court with anti-gun justices. Especially when leading anti-gun politicians have made clear their intent to not only curtail any future pro-Second Amendment rulings, but to overturn Heller outright. 

On September 25, 2015, leading Democratic luminary Hillary Clinton attended a private fundraiser in Greenwich Village, New York City where she told those gathered, “the Supreme Court is wrong on the Second Amendment. And I am going to make that case every chance I get.” Shedding further light on what she meant, while speaking at a Democratic candidate forum on February 3, 2016, Clinton told the audience that in considering potential Supreme Court nominees, “I do have a litmus test, I have a bunch of litmus tests, because the next president could get as many as three appointments.” 

Biden has similarly made clear that he does not consider the Second Amendment to protect an individual right to keep and bear arms. During a September 2019 “townhall” event, Biden was asked, “Do you agree with the D.C. v. Heller decision in regards to protecting the individual right to bear arms that are in common use and which are utilized for lawful purposes?” 

Biden responded in part, “If I were on the court I wouldn’t have made the same ruling. OK, that’s number one.”

As District Attorney of San Francisco, Democratic Vice Presidential candidate Sen. Kamala Harris (D-Calif.) signed on to an amicus curiae brief in Heller that argued the Second Amendment does not protect an individual right to keep and bear arms. In 2009, Justice Ginsburg has noted that a “future, wiser Court” could overturn Heller. 

Given the fervor with which these Democratic Party leaders have opposed Heller, there is every reason to believe that any court-packing scheme would involve installing a solid anti-Second Amendment majority to the U.S. Supreme Court that would work to eliminate recognition of the individual right to keep and bear arms. NRA members and gun rights activists must work to inform their family, friends, neighbors, and other freedom-minded individuals about the dangers a Biden presidency poses to the U.S. Supreme Court and the Second Amendment.

TRENDING NOW
All Flags, No Fix: Michigan’s Real Public Safety Problem

News  

Monday, August 31, 2026

All Flags, No Fix: Michigan’s Real Public Safety Problem

Sorry, Michiganders, but the state has developed a serious problem with crime and consequences.

Biden-Era “Engaged in the Business” Rule (Again) Ruled Illegal

News  

Monday, August 31, 2026

Biden-Era “Engaged in the Business” Rule (Again) Ruled Illegal

The anti-gun programs and policies of the Biden-Harris administration have been falling like dominoes, lately.

Commerce Dept. Explains Why Unconstitutional Microstamping is Also Ineffective

News  

Monday, August 31, 2026

Commerce Dept. Explains Why Unconstitutional Microstamping is Also Ineffective

On August 12, the U.S. Department of Commerce’s National Institute of Standards and Technology (NIST) sent a letter to U.S. House Committee on Science, Space and Technology Chairman Brian Babin (R-Texas) reiterating what gun rights ...

Australia Remains Committed to Eliminating Guns from the Law-Abiding

News  

Monday, August 31, 2026

Australia Remains Committed to Eliminating Guns from the Law-Abiding

It’s been a long time since Australia had relatively sensible gun laws.  While national regulations did not really come into play until the 1990s, the states and territories began imposing severe restrictions on lawful gun owners ...

NRA-ILA Launches First-Ever National “Gun Bus Battleground Tour” to Mobilize Gun Owners for 2026 Midterms

News  

Monday, August 31, 2026

NRA-ILA Launches First-Ever National “Gun Bus Battleground Tour” to Mobilize Gun Owners for 2026 Midterms

FAIRFAX, Va. — The National Rifle Association Institute for Legislative Action (NRA-ILA) todaylaunched its first-ever national bus tour, the 2026 NRA’s Gun Bus Battleground Tour, a more than two month, 13-state campaign to energize and ...

A New Era of Access for Hunters: Trump DOI Expands Opportunities in Historic Move

News  

Monday, August 31, 2026

A New Era of Access for Hunters: Trump DOI Expands Opportunities in Historic Move

Heading into hunting season, America's sportsmen and women have another significant development from the Trump administration worth celebrating.

District Court Enters Final Judgment Striking Down New Mexico’s Waiting Period Law in NRA Victory

Friday, August 28, 2026

District Court Enters Final Judgment Striking Down New Mexico’s Waiting Period Law in NRA Victory

The U.S. District Court for the District of New Mexico granted summary judgment holding New Mexico’s 7-day waiting period law unconstitutional in Ortega v. Grisham—a case brought by the National Rifle Association and Mountain States ...

FBI Releases Final Crime Report for 2025 to the Dismay of Firearm Prohibitionists

News  

Monday, August 24, 2026

FBI Releases Final Crime Report for 2025 to the Dismay of Firearm Prohibitionists

There has been a certain amount of anticipation while the Federal Bureau of Investigations (FBI) analyzed the available crime data for last year. The speculation among many was that the report would be, not just ...

Questions and Answers About the Texas NFA Case

News  

Monday, August 17, 2026

Questions and Answers About the Texas NFA Case

On August 12, we reported on an important development in the ongoing litigation over the National Firearms Act (NFA) filed by multiple plaintiffs in U.S. District Court for the Northern District of Texas. These included, ...

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

Wednesday, August 5, 2026

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

In another major victory for the National Rifle Association and law-abiding gun owners, the U.S. District Court for the Northern District of Texas today held that the National Firearms Act’s registration and approval requirements for ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.