President Joe Biden, however, said he was “not a fan” of the idea, also known as the “packing yard.” Instead, the White House last week announced the creation of a bipartisan commission to study Supreme Court reforms and produce a report. The High Court currently has a Conservative 6-3 majority.
While supporters have been pushing for the addition of Supreme Court seats, the bill will not see much movement in the evenly divided Senate, with all Republicans and several moderate Democrats opposed to expanding the courts. The legislation is all but guaranteed to provoke attacks from Republicans, who in the 2020 election warned Democrats would expand the courts if they took control of Washington.
Judge Stephen Breyer, who is urging outside groups to retire before the mid-term of 2022, recently warned against lawsuits lest it undermine public confidence in the institution.
The question nonetheless served as a litmus test in the 2020 Democratic primary for progressives. Sen. Elizabeth Warren (D-Mass.), Puis-Sen. Kamala Harris (D-Calif.) And Pete Buttigieg suggested they were open to the idea. But others, including Biden and Sen. Bernie Sanders (I-Vt.), Did not support him. The number of seats on the High Court has fluctuated in American history, from five to ten.