Democrats Push For Court-Packing After Controversial Supreme Court Rulings: Why The Proposal Is Likely Doomed

Progressives amplified their calls to expand the Supreme Court in hopes of appointing more liberal justices to balance the scales of power after the conservative-majority court delivered several victories to Republicans last week, prompting outrage among Democrats—but President Joe Biden is against the proposal and it faces long odds of passing Congress.... [+]

Justice Ketanji Brown Jackson, at the Supreme Court building in Washington, Oct. 7, 2022. Bottom row, from left, Associate Justice Sonia Sotomayor, Associate Justice Clarence Thomas, Chief Justice of the United States John Roberts, Associate Justice Samuel Alito, and Associate Justice Elena Kagan. Top row, from left, Associate Justice Amy Coney Barrett, Associate Justice Neil Gorsuch, Associate Justice Brett Kavanaugh, and Associate Justice Ketanji Brown Jackson.

While Biden has become more critical of the court in the wake of its conservative-leaning opinions, he has repeatedly said he is against changing its structure—a position that could put him at odds with younger voters and his progressive base. Biden has long been opposed to the practice known as “court-packing,” when one party stacks the judiciary with their own nominees: He said Thursday the Supreme Court was “not a normal court,” but in a subsequent interview on MSNBC said that expanding the number of justices could “politicize it maybe forever in a way that’s not healthy.”

Republicans, who control the House, are also against adding additional justices, and the proposal does not have enough support to overcome the 60-vote filibuster threshold in the Democratic-controlled Senate, meaning it faces long odds of passing this Congress.“Maybe it’s just the optimist in me—I think that some of the court are beginning to realize their legitimacy is being questioned in ways that it hadn’t been questioned in the past,” Biden told MSNBC’s Nicolle Wallace on Thursday.

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