Senator Ed Markey (D-MA) laid out details on a new bill that would expand the U.S. Supreme Court, under a hypothetical Democrat president and Democrat-controlled Senate, by four justices in order to swing the court’s balance of power to the left.
“The Republicans stole two Supreme Court seats in 2016 and 2020. That’s what’s giving them their supermajority. The only way to solve this problem in a very short period of time is to expand the Supreme Court by four seats, up to 13,” Markey said during a recent appearance on MS-NOW.
“That would then restore the 7-6 majority, which should be in place right now. And we have to fight for that, and we can do that statutorily. It does not require a constitutional amendment,” he added. “That has to be at the top of the agenda, and that’s what I’m talking to my colleagues about right now.”
Markey indicated that he is actively discussing the proposal with other Democrat senators. He noted that some members of the caucus have not yet indicated support, but said the conversations are ongoing.
Markey’s recent remarks align with the Judiciary Act, legislation he has sponsored in prior Congresses to add four seats to the Court. In May 2023, during the 118th Congress, Markey introduced S. 1616, the Judiciary Act of 2023, in the Senate. The companion House bill, H.R. 3422, was led by Rep. Hank Johnson (D-GA.)
Senate co-sponsors at the time included Senators Tina Smith (D-MN) and Elizabeth Warren (D-MA). House co-sponsors and supporters included Reps. Jerry Nadler (D-NY), Cori Bush (D-MO), and Adam Schiff (D-CA).
The bill would amend Title 28 of the United States Code to increase the Supreme Court from nine justices (one chief justice and eight associate justices) to 13 justices (one chief justice and 12 associate justices). Proponents have claimed that this structure would align with the current 13 federal judicial circuits, allowing one justice per circuit in a manner consistent with early practices for assigning circuit duties.
The legislation did not advance beyond committee referral in the 118th Congress.
No new version of the bill has been introduced in the current Congress, and no additional Democratic co-sponsors have been publicly announced in connection with Markey’s comments.
Court packing has long been discussed by far-left lawmakers, as the size of the Supreme Court is not fixed by the Constitution. Article III establishes “one supreme Court” but leaves the number of justices to Congress to determine by statute. Congress has changed the Court’s size seven times in U.S. history, most recently setting it at nine in 1869.
