Vice President Kamala Harris has suggested she is open to expanding the U.S. Supreme Court to end the conservative majority and undermine the institution of the judiciary according to TruthOut.
This proposal is one of the most significant endorsements of court expansion from a potential presidential candidate in recent years.
Should President Joe Biden exit the race, Harris may become the Democratic nominee for the presidency. In light of this possibility, her stance on judicial reform has drawn increased scrutiny.
During the Democratic primaries of 2020, Harris had already hinted at reforming the Supreme Court. Her suggestions aimed to combat the Court’s right-wing tilt which she believes threatens its legitimacy.
This stance on court expansion is not new for Harris. As early as March 2020, she expressed a willingness to consider increasing the number of justices.
The backdrop to this debate includes significant historical events. In 2016, Senate Republicans blocked President Obama's nomination to the Supreme Court, citing the proximity of a presidential election as the reason.
However, during Trump's administration, a Supreme Court nominee was confirmed just before the 2020 election, highlighting a perceived inconsistency in the application of this principle.
At a New Hampshire forum in May 2020, Harris discussed the possibility of adding as many as four seats to the Supreme Court. This was part of her broader reform suggestions.
Harris has suggested several reforms besides court expansion. These include introducing limits on the number of justices a president can appoint and ending life terms for justices.
Positing these ideas, Harris remarked on a growing "crisis of confidence" in the Supreme Court, indicating that all options should be considered to remedy this.
Her openness to these reforms marks the closest endorsement of court expansion by any presidential hopeful in recent memory.
When Biden won the Democratic nomination in 2020, he promised to explore Supreme Court reforms without endorsing specific proposals. He hinted at a more cautious approach.
During a debate with then-Vice President Mike Pence, Harris downplayed her views on the expansion matter, indicating discord with Biden's stance.
Pence claimed Harris intended to "pack" the courts, but she redirected the argument towards criticizing Trump’s appointment record, particularly the lack of diversity among his appointees.
Public opinion on Supreme Court expansion shows a slight majority in favor, according to recent polling. The progressive advocacy group Demand Justice asserts that expanding the court could restore ideological balance and legitimacy.
A multi-university study warned that without reforms, the Supreme Court is likely to remain conservative until at least 2065. These results have intensified calls for change.
In 2021, Senator Elizabeth Warren voiced her support for court expansion. She argued it could deescalate the intense partisan battle over the court’s makeup.
The current composition of the Supreme Court has been shaped mostly by Republican presidents, who have appointed seven of the last twelve justices.
Republicans have won four out of the last nine presidential elections. Notably, two of these victories occurred without winning the popular vote, which adds to the controversy over the Court’s composition.
Public confidence in the Supreme Court has waned, with a Fox News poll showing that only 38% of respondents approve of its performance while 60% disapprove.
Biden's commission on Supreme Court reforms released its findings in December 2021. There was bipartisan agreement on tenure limits but considerable debate over expanding the Court.
Despite these efforts, Biden has yet to act on any recommendations from the commission. However, there are ongoing rumors that reforms might soon be introduced.
As the political landscape evolves, Harris’ stance on court reform could become a defining issue in her potential presidential campaign.
Her commitment to considering significant judicial reforms contrasts sharply with the more cautious approach displayed by President Biden.
Harris’ proposals, particularly those related to Supreme Court expansion, aim to restore balance and legitimacy to the highest court. These ideas have spurred both public and political debate, contributing to a crucial conversation about the future of the American judiciary.
In summary, Vice President Kamala Harris has indicated support for expanding the Supreme Court, which Democrats claim is about "restoring" legitimacy. Of course, the Supreme Court is already legitimate but packing the Supreme Court is being talked about for purely partisan reasons.
Democrats may pretend to care about legitimacy but what they crave is power and the Supreme Court is an obstacle to them.
This idea has historical context and contrasts with Biden's cautious approach. Public opinion is divided, but there is a growing call for judicial reforms, highlighting the importance of this issue in American politics.
