‘We Must Expand the Court:’ Sen. Markey, Advocates Call for Adding 4 SCOTUS Seats
Massachusetts Sen. Edward Markey is renewing his push to expand the U.S. Supreme Court by adding four seats, less than a day after President Biden announced his support for reforming the high court.
Speaking in front of the Court building Thursday, the Democratic senator urged Congress to pass the Judiciary Act, a proposal that would create a 13-justice bench. He was joined by Rep. Hank Johnson (D-Ga.) and advocates for court reform.
“The illegitimate and ethically challenged far-right majority has fully captured our highest court and plunged it into a crisis of confidence and legitimacy. We must expand the court,” Markey said at the press conference.
Markey’s remarks come after Biden, addressing the public from the Oval Office, said that his priorities during his final months in office include calling for Court reform. “This is critical to our democracy,” Biden said. But it’s unclear what that entails. Biden has been reluctant to endorse “court-packing,” expressing concern last year that such a move could politicize the court.
The Court has been under scrutiny stemming in part from a series of anti-democratic rulings, including the court’s decision holding that a president is entitled to presumptive immunity from criminal prosecution for his official acts.
When asked about the potential risks of expanding the court, Markey said it’s been done many times before. “The Court has been expanded seven times previously, including [by] President Lincoln and President John Adams,” Markey said. “So there is ample precedent for the expansion of the court. And, ultimately, the [U.S.] Constitution left it up to the United States Congress.”
But the last time the court grew was 1869, when the court was expanded to its current number – nine justices. An attempt to expand the court in 1937 failed.
Additionally, Markey would likely need bipartisan support in Congress to move the bill forward. The Washington Post reported last week that Biden is expected to announce proposals including term limits for justices and a stronger ethics code.
“I know the President is developing a proposal to deal with the illegitimate actions of this Supreme Court,” Markey said when asked about whether Biden supports his legislation. “And we’ve communicated to the White House in terms of our perspective on this. They know where we are. And we’re also looking forward to seeing what the President is going to propose.”