The legislation could allow them to supersede the Court’s conservative majority by “packing” it with liberal justices
FOX News host Shannon Bream reacts to the breaking news on ‘Fox News Primetime’
Democratic lawmakers are set to unveil legislation Thursday to expand the number of justices on the Supreme Court.
Sen. Ed Markey, D-Mass., and Reps. Jerry Nadler, D-N.Y., Hank Johnson, D-Ga., and Mondaire Jones, D-N.Y., will hold a press conference on Thursday to introduce the proposal on the steps of the Supreme Court.
Given their control of the White House and the Senate, the legislation could allow them to supersede the current conservative majority by “packing” the Court with liberal justices.
Spokespeople for the lawmakers’ offices did not return Fox News’ requests Wednesday night for further details.
The Intercept reported on Wednesday that the legislation will propose expanding the court to 13 justices, from nine.
The Supreme Court has had nine justices since the 19th century, though it is not required by the Constitution.
Sen. Ted Cruz, R-Texas, introduced legislation earlier this year that included a constitutional amendment to preserve the current number of sitting justices, as well as provisions prohibiting congress from passing legislation to expand the number.
Cruz first introduced that legislation in October, as some Democrats indicated an openness to expanding the size of the high court following the death of Ruth Bader Ginsburg.
Ginsburg’s vacancy was filled by Donald Trump-appointee Amy Coney Barrett, marking Trump’s third appointment to the Supreme Court. Justice Barrett also tilted the ideological power balance of the court in favor of conservatives 6 to 3.
Democrats often attribute part of that shift in the court to the fact that then-Sen. Majority Leader Mitch McConnell, R-Ky., refused to consider Merrick Garland – nominated by President Barack Obama in 2016 – to fill a vacant seat during an election year. That seat, belonging to Antonin Scalia, was eventually filled by conservative Justice Neil M. Gorsuch.
Trump also appointed Justice Brett Kavanaugh.
Sen. Elizabeth Warren, D-Mass., has said “every option” needed to be on the table to restore credibility and integrity to the Supreme Court.
Rep. Alexandria Ocasio-Cortez, D-N.Y., in October tweeted, “expand the court.”
Biden has previously opposed the idea of court-packing. However, he said in the fall that he intended to set up a bipartisan commission to study Supreme Court reforms.
This week, the president signed an executive order forming the “Presidential Commission on the Supreme Court of the United States” to analyze the merits of proposed reforms.