Congressional Progressive Caucus Endorses Adding Four Supreme Court Justices

The Congressional Progressive Caucus voted last week to endorse legislation expanding the size of the U.S. Supreme Court from 9 to 13 seats.

“After thoughtful consideration, the Progressive Caucus membership has determined that the urgent work to restore American democracy must include expanding the Supreme Court,” Rep. Pramila Jayapal, (D-WA) said last week.

The caucus cited then-Senate Majority Leader Mitch McConnell, who subverted the Court by refusing to let President Obama choose a judicial nominee after Justice Antonin Scalia died in February 2016.

McConnell called Obama a “lame duck President” when Obama had nine months left in office, and said the next President should choose the Justice. This meant seating the arch-conservative “Trump judge” Neil Gorsuch instead of President Obama’s pick, Merrick Garland.

Hypocritically, McConnell then broke his own precedent by ramming Amy Coney Barrett through the nomination process after Ruth Bader Ginsberg died on September 18, 2020, less than two months before the election.

House Judiciary Committee Chair Jerry Nadler (D-NY) had warned, “If Senator McConnell and @SenateGOP were to force through a nominee during the lame-duck session—before a new Senate and President can take office—then the incoming Senate should immediately move to expand the Supreme Court.”

“Mitch McConnell set the precedent. No Supreme Court vacancies filled in an election year,” Sen. Ed Markey (D-MA) tweeted. “If he violates it, when Democrats control the Senate in the next Congress, we must abolish the filibuster and expand the Supreme Court.” 

Meanwhile, progressives are leaning on 83-year-old Justice Stephen Breyer to retire in case Democratic Senators lose their majority in the 2022 midterms, and McConnell (who would once again become Senate Majority Leader) illegally bars President Biden from choosing Breyer’s replacement.

Chuck Schumer (D-NY) — who has become Senate Majority Leader since Democrats won 50 Senate votes in the 2020 elections — has thrown his support behind “Court Packing” due to McConnell’s brazen power-grabbing.

Judiciary Act of 2021

The largely symbolic Judiciary Act of 2021 would let President Biden choose liberal justices.

The liberal additions to the Court would come at a time when the Conservative Justices have allowed Texas legislators to violate Roe v. Wade, which says abortion is legal until the fetus can no longer live outside the womb at about 23 to 24 weeks gestation.

Only Chief Justice John Roberts voted with the liberals to ban the Texas law immediately. The five other Conservatives voted to let abortion remain illegal in Texas until they can try the case.

Critical Issues Decided by a GOP-Packed Supermajority

“The critical issues that impact our day-to-day lives ― such as voting and civil rights, reproductive freedom, climate justice, and consumer and workers’ rights ― are being decided by a GOP-packed conservative supermajority on a United States Supreme Court, which is destroying its legitimacy with partisan decisions that are upending decades of precedent and progress in this nation,” said Rep. Hank Johnson (D-GA), the bill’s lead sponsor.

“A clear majority of Americans supports Court expansion because the people understand what’s at stake,” said Rep. Mondaire Jones (D-NY). “I’m thrilled that the Congressional Progressive Caucus is with us in this fight.”

The caucus’ endorsement means the Judiciary Act will now have the support of more than 100 House Democrats.

The House bill currently has 46 Democratic co-sponsors; the Senate version has three: Sens. Ed Markey (Mass.), Tina Smith (Minn.), and Elizabeth Warren (Mass.), who announced her support last month.

While expanding the Court will be a rallying cry for this year’s midterms, it takes 60 senators to advance any legislation, and there are currently only 50 Democrats.

The organization Demand Justice, headed by Democratic strategist Brian Fallon, supports additional Supreme Court seats and term limits.

President Biden has yet to throw his support behind Court expansion.