Should the Size of the Supreme Court Be Increased?

Many progressives have called for the packing of the Supreme Court to offset the Conservative majority. What can go wrong?



The US Supreme Court has had 9 justices for 152 years now. The Constitution does not say anything about the size of the Supreme Court. This has meant that Congress has been able to set how many justices sat on the nation’s highest court.

With the confirmation of Justice Amy Coney Barrett in 2020, the Supreme Court has a 6-3 conservative majority, leading to calls from Democrats to pack the court (increase the number of justices).

President Joe Biden appointed a commission to look into “possible reforms” of the Supreme Court. During the Presidential campaign trail, Biden refused to say whether he would or would not pack the Supreme Court as pressure was mounting from his party loyalists.