Expanding the Supreme Court

The scales of justice have been tilted for years. Our democracy and our fundamental freedoms are on the line.

The Problem

The Supreme Court is radically out of balance — not by accident, but by the GOP’s design. For decades, conservatives have been appointing judges and justices who would unfailingly carry out their right-wing agenda.

For example, the Supreme Court’s decisions in the Citizens United and Shelby County cases were sweeping conservative victories, opening the floodgates to big money in politics as well as the biggest wave of voter suppression since Jim Crow. And this year the court again undermined our right to vote by upholding voter suppression laws in Arizona, and they dealt a massive blow to reproductive freedom by allowing Texas’ extreme anti-abortion law to take effect.

How did we get here? Conservatives packed the Supreme Court. Donald Trump and Mitch McConnell made three, lifetime appointments to the court, eliminating the filibuster to push through their Supreme Court picks. McConnell defied Ruth Bader Ginsburg’s dying wish — that the next president should appoint her replacement — by packing the court with Amy Coney Barrett, another extreme conservative, just eight days before the 2020 election.

The result? Today’s Supreme Court is made up of a 6-3 conservative supermajority that does not reflect our country’s politics or diversity. In fact, a majority of the justices are older, wealthy, straight white men — and more than half of the justices were appointed by presidents who lost the national popular vote.

In the years ahead, the 6-3 conservative Supreme Court will hear cases affecting millions of Americans, on issues ranging from voting rights and money in politics, to health care and reproductive health, to racial justice and gun control. We can’t leave the fate of our country in their hands.

The Solution

With Democrats in control of Congress and the White House, progressives are no longer willing to stand idly by while the Supreme Court’s right-wing justices undermine our democracy and block the Biden-Harris agenda.

The only way to depoliticize and restore trust in the Supreme Court? Expand it. The Judiciary Act of 2021, sponsored by Representatives Hank Johnson (D-GA), Jerrold Nadler (D-NY), and Mondaire Jones (D-NY), would do just that — rebalancing the Supreme Court by adding four new seats.

This is completely achievable. Our Constitution doesn’t dictate the number of judges the court must have, nor does it take a constitutional amendment to expand it. It’s up to Congress to make those changes, and since 1790, they’ve changed the size of the Supreme Court seven times.

What You Can Do

Representatives Johnson, Nadler, and Jones need our help getting their colleagues to sign onto the Judiciary Act. We need to keep building momentum and get more and more co-sponsors on the bill.

Contact your member of Congress and let them know that you won’t stand for a radical, unrepresentative Supreme Court blocking the Biden-Harris agenda. Tell them to cosponsor the Judiciary Act today.