One of the major issues in this year's election has been the Supreme Court and whether or not former Vice President Joe Biden will try and "pack" it by adding more justices if he wins.

Now, Biden is saying if he's elected, he will create a bipartisan commission to study reforming the high court.

"I will ask them to, over 180 days, come back to me with recommendations as to how to reform the court system because it's getting out of whack," said Biden.

Biden says the commission's charge would be broader than packing the court but that remains the key issue for Senate Republicans.

"One thing I can say is that the real energy in the Democratic Party is to pack the court, is to expand it from nine to whatever number they need to make it liberal," said Sen. Lindsey Graham (R-SC).

"Even Ruth Bader Ginsberg, who I greatly admire, had said that nine is the right number," said Sen. Ernst. "We have had nine Supreme Court justices for now over 150 years."

Democrats are mad after Senate Republicans moved forward with a vote on President Trump's Supreme Court nominee, Judge Amy Coney Barrett. If confirmed, she would cement a conservative majority on the high court.

A Gallup Poll this week showed the public's support for her confirmation at 51-46 percent. And a New York Times poll reveals Americans overwhelmingly oppose the idea of packing the Supreme Court 58-31 percent.