Democratic lawmakers are amplifying their calls to expand the Supreme Court, specifically to add four seats to the bench.
Sen. Edward J. Markey, Massachusetts Democrat, and Rep. Hank Johnson, Georgia Democrat, stood outside the Supreme Court on Thursday and demanded Congress pass legislation that would expand the court. Their bill has been pending before lawmakers for more than a year without action.
The bill would bring the number of justices to 13.
That would let President Biden try to swing the majority to lean in Democrats’ favor, 7-6.
It’s the latest move by Democrats after the high court’s 2023-24 term, when the justices ruled for former President Donald Trump in major legal battles.
The justices kept Mr. Trump on the 2024 ballot despite a challenge to remove him over the riot at the U.S. Capitol on Jan. 6, 2021, and the high court said presidents have some immunity for official acts, absolute immunity for core presidential functions and no immunity for unofficial acts in a challenge the former president brought against criminal prosecution by special counsel Jack Smith.
The ruling likely delays Mr. Trump’s trial in Washington until after the Nov. 5 election.
The justices also took an ax to the administrative state in several wins for conservative advocates.
“The court’s recent decisions on presidential immunity, Chevron deference and overturning Roe v. Wade laid bare that a far-right, extremist majority has been fully captured and plunged the court into a crisis of confidence and legitimacy. Because we can no longer trust the current Supreme Court to uphold the words engraved on the outside of the Supreme Court — Equal Justice Under the Law — we must fight to return balance and legitimacy to this institution and expand the court,” Mr. Markey said.
His move to add justices follows actions from other Democratic lawmakers like New York Rep. Alexandria Ocasio-Cortez looking to impeach Justices Clarence Thomas and Samuel A. Alito Jr. over alleged ethics violations.
Sen. Sheldon Whitehouse, Rhode Island Democrat, and Sen. Ron Wyden, Oregon Democrat, recently called for Attorney General Merrick Garland to appoint a special counsel to investigate Justice Thomas.
Democrats have claimed Justices Thomas and Alito flouted the court’s ethics by taking luxury trips with billionaires. Lawmakers also have been critical of the justices’ wives’ political statements tied to the 2020 election.
Both justices have denied any wrongdoing.
Mr. Biden is also reportedly planning to push for major reforms on the high court — including term limits and an ethics code — in the coming weeks, according to The Washington Post.
Sen. Eric Schmitt, Missouri Republican, pushed back, saying, “Democrats want to undermine the court so they can pack the court. Evidently there is nothing they won’t do to obtain complete power and control.”
Historically, efforts to expand the court and add more justices have failed.
The Supreme Court has had nine justices since 1869. Before that, it fluctuated in size from five to 10 justices.
The Constitution doesn’t set a number of justices for the high court.
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.
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