Incumbent Vice President and Democratic nominee for President, Kamala Harris, has repeatedly expressed openness to expanding the number of Supreme Court justices.
As Harris faces increasing scrutiny after being confirmed as the Democratic nominee, many have turned their attention to comments she made in 2019 where she refused to rule out supporting the practice known as ‘court-packing’.
Harris’s Court-Packing Comments
In 2019, while running for President, Harris was asked by a New Hampshire voter about whether she would support adding more justices to the Supreme Court.
“I’m open to this conversation about increasing the number of people on the United States Supreme Court,” responded the then-Senator.
Not Just A One-Off Comment
While running for President in 2020, Harris told Politico that “everything is on the table” when it comes to reforming the Supreme Court.
When asked by the New York Times to elaborate, she once again said she was “open” to the idea of court-packing.
Biden-Harris Unveil Plans For The Supreme Court
In July, the Biden-Harris administration unveiled a series of plans aimed at reforming the Supreme Court.
These measures included term limits for justices, an enforceable ethics code and a Constitutional measure that would overturn the court’s ruling giving substantial immunity to former presidents.
Court Expansion isn’t Without Precedent
The size of the Supreme Court has been changed multiple times in US history in order to address imbalances of, and over-reach by, justices.
The court had it’s lowest number of justices, 5, in 1801, and it’s highest, 10, in 1863. In 1863 and 1867, revisions to the Judiciary Act limited the court’s scope due it’s perceived pro-slavery bias.
Republicans Oppose Court-Packing
Suggestions of court-packing, while enjoying supporting from many liberals, are widely opposed by conservatives.
Former Trump administration lawyer Mark Poaletta said, “Even though Joe Biden caved to radicals and recently endorsed court packing, Harris is even further to the left of him on this thoroughly discredited idea.”
The Liberal Argument For Court-Packing
The Washington Post’s Perry Bacon Jr recently wrote, “The U.S. Supreme Court is both way too aligned with the Republican Party and far too eager to override the decisions of other parts of the federal government.”
He added, “The court should be expanded to blunt its conservatives and at the same time have its powers restrained so that unelected, unaccountable judges (on the right and left) aren’t the most powerful people in the country.”
Biden Remains Opposed To Court-Packing
Although Republicans have argued that Biden’s proposed court reforms constitute a form of court-packing, the President has consistently expressed opposition to the idea.
In 2020, Biden said, “I’m not a fan of court-packing”.
Trust in Supreme Court Remains At Record Lows
In recent years, the conservative-majority Supreme Court has made a number of unpopular rulings – most notably overturning the largely popular Roe v Wade ruling that ensured the right to abortion across the US.
In 2022, Gallup’s yearly Supreme Court poll found that for the first time since they began the polling in 1987, a plurality of Americans had an unfavorable view of the Supreme Court.
How Congress Could Expand The Court
There is currently a bill on the table for Congress that would expand the size of the Supreme Court to 12 justices – the same number as the circuit courts.
Holly Brewer of the New Republic wrote, “Right now, the justices are overloaded, with too much responsibility. Expanding the court makes pragmatic and logical sense, and could happen gradually.”
