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
Pro-2A Journalist Awarded in New Jersey: Further Proof the Garden State is Savable?

News  

Monday, January 5, 2026

Pro-2A Journalist Awarded in New Jersey: Further Proof the Garden State is Savable?

It’s rare to see journalists write accurate articles about the Second Amendment and the right to self-defense, and even more rare to see them receive accolades from their mainstream peers for such articles.  

Ninth Circuit Panel Rules California’s Open Carry Ban is Unconstitutional

Monday, January 5, 2026

Ninth Circuit Panel Rules California’s Open Carry Ban is Unconstitutional

On Friday, Jan. 3, a divided three judge panel of the U.S. Court of Appeals for the Ninth Circuit held that California’s ban on open carry in counties with a population of greater than 200,000 ...

More Anti-Gun “Trajectories” and “Experiments” on the Horizon in Illinois for 2026

News  

Monday, January 5, 2026

More Anti-Gun “Trajectories” and “Experiments” on the Horizon in Illinois for 2026

As a new year begins, a timeless new year resolution remains: Work hard to ensure your state does not become like Illinois. As multiple firearm-related news outlets revisit the highs and lows of 2025, it ...

2025 Litigation Update

Wednesday, December 31, 2025

2025 Litigation Update

In 2025, the National Rifle Association defeated New Mexico’s 7-day waiting period for firearm purchases, the ATF’s “engaged in the business” rule, the ATF’s “pistol brace” rule, a lawsuit seeking to ban lead ammunition in ...

North Carolina: Update on Permitless Carry

Tuesday, December 16, 2025

North Carolina: Update on Permitless Carry

In September, the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

2025 Grassroots Year In Review

Take Action  

Wednesday, December 31, 2025

2025 Grassroots Year In Review

As 2026 starts, we want to pause and recognize what we have accomplished together in 2025—and, more importantly, the work that all of you contributed to help us achieve these victories.

U.S. DOJ and 25 States File Amicus Briefs Supporting NRA Challenge to California Ammunition Regulations

Tuesday, January 6, 2026

U.S. DOJ and 25 States File Amicus Briefs Supporting NRA Challenge to California Ammunition Regulations

The U.S. Department of Justice and a coalition of 25 states have each filed amicus briefs in Rhode v. Bonta, a case backed by the National Rifle Association and California Rifle and Pistol Association challenging California’s ...

California: 2026 Legislative Session Is Now Underway!

Monday, January 5, 2026

California: 2026 Legislative Session Is Now Underway!

Today, January 5th, the California Legislature reconvened for the 2026 legislative session, marking the second year of the two-year legislative cycle. As in years past, gun control advocates are expected to continue pushing their anti-gun ...

Sole Remaining Municipal Gun-Industry Lawsuit Grinds to Final Defeat

News  

Tuesday, January 6, 2026

Sole Remaining Municipal Gun-Industry Lawsuit Grinds to Final Defeat

In 1999, when the rest of the country was fretting over the potential Y2K disruption of worldwide computer systems, the City of Gary, Indiana launched its lawsuit against handgun manufacturers, retailers and a wholesaler, raising ...

Virginia: Gun Control Looms on the Horizon – Make Plans to Attend Lobby Day in January!

Monday, December 22, 2025

Virginia: Gun Control Looms on the Horizon – Make Plans to Attend Lobby Day in January!

Anti-gun legislators in Richmond have already begun filing legislation ahead of the upcoming Virginia General Assembly session. 

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.