Why Biden Must Expand the Supreme Court to Diversify Judicial Representation
The U.S. Supreme Court has long been a battleground for political ideologies, with the majority often reflecting the political leanings of the appointing president. Currently, the Court is divided, with four Republican appointees and three Democratic appointees, leaving Democrats in a minority. As President Biden takes office, a push is underway to expand the Court, allowing him to appoint additional justices and shift the balance to a 7-6 Democratic majority.
The Legislation for Supreme Court Expansion
Four Democratic members of Congress, including Reps. Jerrold Nadler, Hank Johnson, and Mondaire Jones, and Sen. Ed Markey, have introduced a bill called the Judiciary Act of 2021. This bill proposes amending the Federal law to increase the number of Supreme Court justices from nine to twelve, with eight justices comprising a quorum.
The introduction of this bill is a strategic move to counter the politically biased appointments made by former President Donald Trump, who chose justices who were loyal to his vision. This new legislation would effectively neutralize a half-decade of Republican efforts to manipulate the Senate confirmation process to ensure GOP control of the nation’s highest court.
A Historical Context of Supreme Court Composition
Under the U.S. Constitution, the number of Supreme Court justices is determined by Congress. The Court started with six justices under the original Judiciary Act of 1789 and briefly had ten seats under President Abraham Lincoln. Under President Franklin D. Roosevelt in 1937, a similar proposal to expand the Court was met with significant opposition, leading to the so-called reorganization plan.
More recently, the Senate’s confirmation process has been politicized. In 2016, when Justice Antonin Scalia died, Senate Republicans blocked President Obama's nominee, Merrick Garland, from a confirmation hearing. This decision was justified by a new rule claiming that it is not appropriate to confirm a Supreme Court nominee in an election year, despite seven past confirmations in election years.
Recent Political and Judicial Realities
In 2020, when Justice Ruth Bader Ginsburg died, Senate Republicans overlooked their own rule and confirmed Amy Coney Barrett just eight days before the presidential election, which Donald Trump lost. This sequence of events highlights how Senate control can be manipulated, especially when the appointing president is from a different political party.
Additionally, it is worth noting that despite winning the popular vote in 2016, Trump was not selected as president due to the Electoral College system favoring smaller states. Democrats represented a higher number of Americans during Trump's presidency, yet Republicans maintained control of the Senate, from which most Supreme Court justices are appointed.
Implications of Supreme Court Expansion
The proposed legislation would give Democrats control of a judicial body that, in a fair system, would already be under Democratic control if the U.S. opted for free and fair elections where each citizen's vote carried equal weight. Expanding the Court would not only diversify the bench but also ensure a more representative judiciary reflecting the voices of all Americans.
Conclusion
The push to expand the U.S. Supreme Court is a critical step towards achieving a more balanced and fair judicial system. While the legislation faces political obstacles, the urgency to diversify judicial representation and ensure that the Court reflects the values of all American citizens cannot be overstated. As the nation grapples with complex social and economic issues, a more representative Supreme Court is essential for upholding the principles of justice and ensuring equal representation.