Democrats should get on board with Supreme Court expansion – fast
Key keywords: Supreme Court expansion, Democratic Party, US judicial reform, 2024 presidential election, conservative Supreme Court majority, Roe v. Wade reversal, voting rights protection, federal court legitimacy
For months, progressive advocates and legal analysts have been sounding the alarm: the current 6-3 conservative supermajority on the U.S. Supreme Court has strayed so far from mainstream public opinion that it poses an existential threat to decades of hard-won civil rights, economic justice, and democratic norms. Since the 2022 decision to overturn Roe v. Wade, which eliminated the federal constitutional right to abortion after nearly 50 years, the court has issued a string of rulings that roll back environmental protections, strike down student debt relief programs, weaken gun safety laws, and erode voting rights protections for marginalized communities.
Public trust in the court has plummeted to historic lows, with multiple 2024 polls showing that only 38% of U.S. adults approve of the court’s performance, a drop of nearly 30 points from two decades ago. Many Democratic lawmakers have hesitated to embrace court expansion, fearing backlash from moderate voters and accusations of “court packing” from Republican opponents. But that hesitation is no longer politically or morally defensible, as the court continues to issue rulings that contradict the will of the majority of U.S. voters: 61% of Americans support legal abortion in all or most cases, 68% support stricter gun laws, and 73% support student debt relief, all positions that the court has rejected in recent years.
Critics who frame court expansion as an unprecedented power grab ignore that the size of the Supreme Court is not set in the U.S. Constitution. The court has changed size 7 times in U.S. history, from an initial 6 justices to the 9-seat structure adopted in 1869. The current conservative majority is also the product of unprecedented Republican procedural hardball: in 2016, Senate Republicans refused to hold a hearing for President Barack Obama’s Supreme Court nominee Merrick Garland, 8 months before the presidential election, claiming that voters should have a say. Four years later, they confirmed Justice Amy Coney Barrett just 8 days before the 2020 election, reversing their own precedent to lock in the 6-3 supermajority.
With the 2024 election less than 8 months away, Democrats have a narrow window to advance court expansion legislation. If they win control of the White House and both chambers of Congress in November, passing a bill to expand the court to 13 or 15 seats would be the only way to restore balance to the judiciary and reverse the court’s most damaging rulings. If they wait, the court could issue even more sweeping rulings in the coming months, including decisions that could undermine the 2024 election results, roll back LGBTQ+ rights, and eliminate federal protections for contraception. Progressive groups are already organizing around the issue, with recent polling showing that 52% of Democratic voters now support court expansion, up 18 points from 2021. For Democrats, the choice is clear: get on board with court expansion fast, or face the consequences of a rogue, unaccountable Supreme Court that undermines democratic rule for generations to come.
Featured Comments
As a reproductive rights organizer who has worked on this issue for 12 years, I can’t stress enough how urgent this is. We didn’t just lose Roe v. Wade – we’re losing access to contraception, IVF, and life-saving maternal care in state after state because of this far-right court. Democrats who keep dragging their feet on expansion don’t deserve our votes in November.
I’ve identified as an independent voter for 20 years, and I used to think court expansion was a partisan power grab. But let’s be honest: Republicans already packed the court by blocking Garland and ramming through Barrett weeks before an election. Expanding the court isn’t unfair – it’s fixing a broken system that the GOP broke first.
As a constitutional law professor, I’m tired of people claiming the 9-seat court is some sacred constitutional mandate. The Framers never set the size of the court, and we’ve adjusted it multiple times throughout our history. This court’s legitimacy is already gone because its rulings don’t reflect the values of most Americans. Expansion is the only way to restore public trust in the judiciary.