Democrats will allegedly be revealing a bill Thursday to change the Supreme Court by increasing the number of justices in the court from nine to thirteen, with the four additional vacancies to be filled promptly by President Biden and the Democratic Senate.
The proposal comes just a week after Biden enacted an executive order forming a commission to investigate the possibility of whether the Supreme Court should be expanded. The commission is led by partisan Democrats. However, liberal Democrats warned that such a commission could be used to change their desired changes instead of advancing them.
Democrats started talking about packing the high court after Justice Kavanaugh was confirmed back in 2018. Biden had dismissed the idea, but shifted on the issue, as he did on other issues. He declined to discuss his position until late in the 2020 campaign, after the confirmation of Justice Amy Coney Barrett, when he announced the idea for the commission.
Expanding the Supreme Court to 13 justices would deliver progressive justices a 7-6 majority. Congress can choose the size of the Supreme Court without an amendment, though the last president who attempted to pack the high court, Franklin Delano Roosevelt, was blocked from doing so by his own party.
His push is now seen by historians as a clear power grab — but one that eventually made the Court stop striking down his New Deal and allow federal powers to increase.
Author: Steven Sinclaire