Will Senate Democrats Pack the Court If ‘Roe’ Is Overturned?

At this week’s confirmation hearings for Judge Ketanji Brown Jackson, President Biden’s nominee to replace Justice Stephen Breyer on the Supreme Court, Republicans on the Senate Judiciary Committee sounded the alarm about a Democratic proposal that would increase the number of justices from nine to 13, thus giving the Court a 7–6 majority of Democratic appointees.

In response, many Democratic senators scoffed at the possibility that Congress would embrace Court-packing, but most Senate Democrats have refused to rule it out.

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John McCormack

John McCormack is a former Washington correspondent for National Review and was a fellow at the National Review Institute.

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At this week’s confirmation hearings for Judge Ketanji Brown Jackson, President Biden’s nominee to replace Justice Stephen Breyer on the Supreme Court, Republicans on the Senate Judiciary Committee sounded the alarm about a Democratic proposal that would increase the number of justices from nine to 13, thus giving the Court a 7–6 majority of Democratic appointees.

In response, many Democratic senators scoffed at the possibility that Congress would embrace Court-packing, but most Senate Democrats have refused to rule it out.