2026-10-24 · contested story
Why It Matters That Democrats Want To Expand SCOTUS
Democratic calls to expand the Supreme Court from nine to 13 justices have moved from the progressive fringe into the party mainstream, propelled by a 6-3 conservative majority that has overturned Roe v. Wade, weakened the Voting Rights Act, and granted Trump broad immunity. In the latest wave, House Minority Whip Jim Clyburn endorsed a 'baker's dozen' on Meet the Press, former VP Kamala Harris called for expansion plus Electoral College changes, and Rep. Ro Khanna demanded action over 'a college seminar' commission. House Democrats also voted down a GOP constitutional amendment that would have permanently fixed the court at nine. Simultaneously, Senate Democrats — led by Chuck Schumer — have signaled they would block any Trump Supreme Court nominee if they flip the Senate in the 2026 midterms, invoking the McConnell-Garland precedent. The debate unfolds against historically low public trust in the court (Gallup: 34% approval).
How each side frames it
left
"I cannot stress enough how much the Supreme Court's conservative majority have brought this on themselves."
"We need to expand this morally bankrupt court from nine to 13."
"it 'has radically changed the very structure of American government, paving the way for MAGA authoritarianism just as the Taney Court tried to pave the way for enshrining the Slave Power.'"
""We are not packing the Supreme Court, we are unpacking it," Nadler said"
"the rogue, radical Supreme Court"
center
"Several proposals by Democrats have been introduced to reshape the court, including legislation from Rep. Al Green, D-Texas, to expand the bench from nine to 13 justices, and a separate measure from Rep. Ro Khanna, D-Calif., to establish 18-year terms"
"Americans interviewed by Fox News Digital on Capitol Hill had competing views on whether the nation's highest court needs a shake-up at all."
"Forty-six percent of U.S. adults say they have a great deal or fair amount of trust in the judicial branch of the federal government"
"Congress has the power to enlarge the court, but the panel took no position on doing so."
"In June, Grassley described Democrat proposals to add justices to the Supreme Court as a "power grab disguised as institutional concern""
right
"Moore: Stop Dems' scheme to pack Supreme Court"
"The DSA wants to abolish the Supreme Court and replace it with a judiciary that is "subordinate to Congress.""
"The Supreme Court as we know it would cease to exist under Troy Jackson, Abdul El-Sayed and James Talarico, who are hell-bent on replacing it with a bloated, lawless body designed to advance Democrats' socialist agenda"
"Franklin Roosevelt tried this court-packing scheme in 1937, and voters rebelled."
"Kamala Harris says she wants to defend democracy, but her solution is to rewrite its rules when Democrats don't like the results. That's a dangerous precedent."
What each side left out
The left left out — covered by the Boston Herald & New York Post
- The risk of Republican tit-for-tat re-expansion if they regain power
- FDR's 1937 failed court-packing and voter backlash as a cautionary tale
- The argument that the court protects minority rights against majorities
The right left out — covered by the Common Dreams & NBC News & NPR
- Public polling showing majority or plurality support for expansion
- The Garland/Barrett norm-breaking history that Democrats cite as justification
- Historical precedent that Congress changed the court's size seven times
The center left out — covered by the The New Republic & Common Dreams
- Deep ideological/moral arguments for why expansion is necessary or dangerous
- The 'morally bankrupt' and 'authoritarian' rhetoric used by advocates
The right left out — covered by the Boston Herald & NBC News
- Stephen Moore's own concession that he'd expand to 12 justices 'in a fair, nonpartisan way'
- That the GOP constitutional amendment failed because it strips a congressional power
What's actually true?
[verified] The Supreme Court can be expanded by an ordinary act of Congress, and the Constitution does not specify the number of justices; the size has changed multiple times historically.
[verified] The Supreme Court has had nine justices since 1869.
[verified] House Democrats voted down (212-206) a GOP constitutional amendment to permanently fix the court at nine justices, with only one Democrat (Don Davis of NC) supporting it.
[verified] Rep. Jim Clyburn endorsed expanding the court to 13 ('a baker's dozen') on NBC's Meet the Press.
[verified] A Marquette University Law School poll found 54% of Americans support increasing the number of justices, the highest level since Marquette began asking in 2019.
[verified] Gallup found Supreme Court approval at 34% (July reading 33%), a historic low, with 61% disapproving — declines driven largely by Democrats and independents.
[verified] Senate Minority Leader Chuck Schumer said Democrats would block Trump Supreme Court nominees ('MAGA justices') if they take back the Senate.
[verified] Kamala Harris called for expanding the Supreme Court and changing the Electoral College if Democrats take back Congress.
The narrative clash
Whether expanding the court would trigger an endless tit-for-tat cycle
Left: It's not like the Republicans will suddenly seize control of the House, the Senate and the presidency, which would be required to expand the court again. If the Republicans ever do that, it'll be a different Republican Party from what we have today.
Right: How can the Supreme Court protect Americans from government overreach if the same government can pack the court whenever it dislikes a ruling?
Whether the court is partisan/political or an impartial legal body
Left: the six-member majority scarcely even pretends otherwise anymore. This conservative court is out of control—blatantly partisan and ideological
Right: We are not part of any political movement. And we are not attempting to further any political agenda. We are trying to interpret the Constitution as best we can
Whether expansion is 'packing' or 'unpacking/restoring balance'
Left: We are not packing the Supreme Court, we are unpacking it
Right: Other party leaders want to pack the court with four new liberal justices. Franklin Roosevelt tried this court-packing scheme in 1937, and voters rebelled.
67 sources analyzed
The New Republic NPR KTUL New York Post Fox News The New Republic NBC News SCOTUSblog Boston Herald City Journal The New Republic NPR Raw Story New York Post ncregister.com Common Dreams NPR ms.now New York Post Salon The Washington Post Yahoo Boston Herald Salon NBC News Christian Science Monitor - CSMonitor.com Boston Herald The New Republic The Washington Post montrosepress.com New York Post Common Dreams NPR Deseret News Reason Magazine The New Republic Los Angeles Times AOL.com Boston Herald Salon NBC News AlterNet Richmond Times-Dispatch Common Dreams NBC News Spectrum News Salon NBC News ABA Journal Common Dreams The Washington Post Roll Call Civil Discourse with Joyce Vance 106.1 KISS FM The Washington Post News From The States PBS Axios CNN Gallup News NPR EL PAÍS English Semafor Newsweek washingtonpost.com cbsnews.com Big Country News |