However, President Joe Biden said he was “not a fan” of the idea, also known as “court wrapping”. Instead, the White House announced last week the creation of a bipartisan commission to investigate and report reforms to the Supreme Court. The Supreme Court currently has a Conservative majority of 6-3.
While proponents pushed for the addition of seats to the Supreme Court, the bill won’t see much movement in the evenly split Senate as all Republicans and several moderate Democrats oppose an expansion of the court. The legislation is almost guaranteed to trigger attacks by Republicans who warned during the 2020 election that if they took control of Washington, Democrats would expand the courts.
Judge Stephen Breyer, who is pushing outside of groups to retire before mid-term 2022, recently warned against court wrappings fearing it would only undermine public confidence in the institution.
However, the topic served as a litmus test during the 2020 Democratic primary for progressives. Sen. Elizabeth Warren (D-Mass.), Then Sen. Kamala Harris (D-Calif.) And Pete Buttigieg suggested they be open to the idea. But others, including Biden and Senator Bernie Sanders (I-Vt.), Didn’t support it. The number of seats on the High Court has fluctuated from just five to ten in American history.