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Pelosi has “no plans” to bring Supreme Court expansion to House floor

▶ Watch Video: Biden creates commission to review Supreme Court reforms as Democrats grapple with future of the High Court

Washington — House Speaker Nancy Pelosi said Thursday she does not intend to bring a Democratic-backed bill that would add four seats to the Supreme Court to the House floor, stalling the measure just as lawmakers were poised to formally unveil it.

“I don’t know that that’s a good idea or a bad idea. I think that’s an idea that should be considered, and I think the president is taking the right approach to study such a thing,” Pelosi told reporters of the bill to expand the nation’s highest court. “It’s a big step.”

Pelosi said Democrats are focusing on passing President Biden’s sweeping infrastructure package, and she instead backs the president’s newly created commission to study reforms to the Supreme Court, including expanding its membership beyond the current nine.

“It’s not out of the question,” she said of adding seats to the high court. “It has been done before in the history of our country a long time ago. The growth of our country, the size of our country, the growth of our challenges in terms of the economy, etc., might necessitate such a thing. But I have no plans to bring it to the floor.”

The bill from a group of House and Senate Democrats introduced Thursday would add four seats to the Supreme Court, bringing the number of justices to 13. Some Democrats and progressives have in the last year called to expand the high court as a way to dilute the power of the Supreme Court’s current 6-3 conservative majority, with the pressure growing after Justice Amy Coney Barrett was confirmed to fill the late Justice Ruth Bader Ginsburg’s seat just before the 2020 election. 

Barrett’s appointment further shifted the court’s ideological makeup to the right, after former President Donald Trump named two other justices, Neil Gorsuch and Brett Kavanaugh, earlier in his presidency.

Asked about the reception from Pelosi, Senator Ed Markey, a Democrat from Massachusetts who is among the lawmakers introducing the measure, said “it’s imperative” the legislation be introduced.

“We begin this discussion today, but it does not end here,” he said.

Congressman Jerry Nadler, a Democrat from New York, said he believes Pelosi and others will come to support expanding the Supreme Court.

While Pelosi said she does not intend to bring the legislation from her fellow Democrats to the House floor, the measure was likely also dead-on-arrival in the evenly divided Senate, where it takes 60 votes to end debate on a bill and proceed to a final vote. In addition to Republicans opposing so-called “court packing,” some moderate Democrats — even some of the justices themselves — are also against growing the Supreme Court.

Justice Stephen Breyer last week said in a lecture to Harvard Law School that structural changes to the court would erode public trust in the institution, and Ginsburg, who died last year, told NPR in 2019 “nine seems to be a good number.”

Senate Minority Leader Mitch McConnell excoriated Democrats for their legislation, saying in remarks on the Senate floor that they are threatening judicial independence.

“It’s not just about whether this insane bill becomes law. Part of the point here are the threats themselves,” he said. “The left wants a sword dangling over the justices when they weigh the facts in every case.”

Mr. Biden, too, said last year he is “not a fan” of expanding the Supreme Court, though he vowed during the 2020 campaign to study the issue.

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