Democrats Reintroduce Bill to Expand U.S. Supreme Court

Democracy Alerts – Democrats Reintroduce Bill to Expand U.S. Supreme Court – Democracy Docket,

I am certain this bill will not pass in the House. In any case, it puts SCOTUS on alert as to their politics. I would like to see Congress develop a code of ethics for SCOTUS which might go further than stacking the court with more justices. Ethical behavior on the part of justices plays into how they rule in some instances. It is all in appearances.


On Tuesday, May 16, a group of U.S. Senate and House Democrats reintroduced the Judiciary Act of 2023, a bill that would add four seats to the U.S. Supreme Court, bringing the bench from nine to 13 justices. The bill was introduced by Sens. Ed Markey (D-Mass.), Tina Smith (D-Minn.) and Elizabeth Warren (D-Mass.) and Reps. Jerry Nadler (D-N.Y.), Hank Johnson (D-Ga.), Cori Bush (D-Mo.) and Adam Schiff (D-Calif.). The Judiciary Act was first introduced in 2021; a press release cites the growing support for court expansion in the intervening two years.

While the Supreme Court was established by Article III of the U.S. Constitution, the size, structure and functioning of the Court was left to Congress to outline in a series of Judiciary Acts. Throughout U.S. history, there have been seven changes to the number of justices sitting on the Supreme Court, the last of which settled at nine justices in 1869 to reflect the nine circuit courts at the time. (There are now thirteen federal circuit courts.)

Today, the argument for an expanded Court has reemerged. In a press conference, Senator Markey . . . “Republicans have hijacked the confirmation process and stolen the Supreme Court majority—all to appeal to far-right judicial activists who for years have wanted to wield the gavel to roll back fundamental rights. Each scandal uncovered, each norm broken, each precedent-shattering ruling delivered is a reminder that we must restore justice and balance to the rogue, radical Supreme Court. It is time we expand the Court.”

To amend title 28, United States Code, to allow for twelve associate justices of the Supreme Court of the United States, SIL21447 (, Senators Ed Markey, Tina Smith, and Elizabeth Warren, Representative Jerry Nadler, Hank Johnson, Cori Bush, and Adam Schiff.