House and Senate Democrats plan to introduce legislation Thursday to expand the number of Supreme Court justices from 9 to 13..
The Democratic bill is led by Sen. Ed Markey of Massachusetts and Rep. Jerry Nadler of New York, the chair of the House Judiciary Committee. It is co-sponsored by Reps. Hank Johnson of Georgia and Mondaire Jones of New York. The four will hold a press conference Thursday morning introducing the legislation outside of the Supreme Court.
This move comes less than a week after President Biden issued an executive order forming a bipartisan group of experts on the Court and the Court reform debate to study expanding the Supreme Court.
“The Commission’s purpose is to provide an analysis of the principal arguments in the contemporary public debate for and against Supreme Court reform, including an appraisal of the merits and legality of particular reform proposals,” the White House said in a release. “The topics it will examine include the genesis of the reform debate; the Court’s role in the Constitutional system; the length of service and turnover of justices on the Court; the membership and size of the Court; and the Court’s case selection, rules, and practices.”
The number of Supreme Court justices has fluctuated throughout the course of our nation’s history, reaching as many as 10 seats before settling on nine in 1869. The Constitution allows Congress to set the number of Supreme Court justices.
During the 2020 presidential campaign, then-candidate Joe Biden was criticized by Republicans for dodging questions when asked about whether he supported packing the court. Biden said he would tell Americans after the election his position but eventually said that he is “not a fan” of the idea.
Republicans currently hold six seats, while Democrats hold three.
Senator Tom Cotton (R-AR) took to Twitter Wednesday night, saying “Packing the Supreme Court would destroy the Supreme Court. The Democrats will do anything for power.”
Senator Mike Lee (R-UT) tweeted, “Packing the court is an act of arrogant lawlessness. Those behind this effort spit in the face of judicial independence.”
Former trump White House Chief of Staff tweeted, “The moderate left is gone. This is who they are now. Open borders. Outlawing voter ID. Free healthcare for illegal migrants. And now court packing. This should be roundly rejected.”
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