Why It’s Unlikely Democrats Would Pack the Supreme Court Even If Roe Were Overturned

Rep. Hank Johnson (D., Ga.), Senator Ed Markey (D., Mass.), Rep. Jerry Nadler (D., N.Y.), Rep. Mondaire Jones (D., N.Y.) introduce the Judiciary Act of 2021 aimed at expanding the Supreme Court outside the court in Washington, D.C., April 15, 2021. (James Lawler Duggan/Reuters)
‘Where does it stop? Democrats add three seats; Republicans add four more. Pretty soon you have a 100-person unelected third-chamber of the legislature.’

Update (November 29, 2021): For a more comprehensive look at the Dobbs case, and why the Court may overturn Roe, click here.

NRPLUS MEMBER ARTICLE W hen Democratic senator Ed Markey of Massachusetts and House Judiciary Committee chairman Jerrold Nadler of New York introduced their bill in April to increase the number of Supreme Court justices from nine to 13, some advocates of Court-packing made it clear that the bill was meant to put political pressure on sitting Supreme Court justices.

“The Court needs to know that the people are watching,” Democratic congressman Hank Johnson of Georgia, a co-sponsor of the Court-packing bill, said at a

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