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As the November midterm elections approach, Democrats find themselves buoyed by favorable polling numbers. However, top Republicans are sounding the alarm about what they claim could be the Democrats’ first action if they seize control: a significant overhaul of the Supreme Court.
Donald Trump, along with his Republican colleagues in Congress, has been vocal about the potential repercussions should Democrats gain a majority in Congress after the midterms. Their chief concern centers around the Democrats’ intentions for the Supreme Court, which has long been a source of frustration for liberals due to its conservative leanings.
There has been discussion among Democrats about the possibility of expanding the current nine-justice bench. This plan aims to introduce more Democratic perspectives into the Supreme Court, thereby altering its ideological balance.
In an emphatic statement made in April, House Democratic Leader Hakeem Jeffries did not mince words regarding his stance on the current state of the Supreme Court. “The Supreme Court is a disgrace,” he declared. Jeffries emphasized that if Democrats secure a new Congress, decisive action will be on the agenda. “Everything is on the table—everything to deal with this corrupt MAGA majority,” he asserted, highlighting the breadth of options Democrats are willing to consider in response to their concerns about the Court’s composition.
‘In the new Congress, we’re going to have to do something about this Supreme Court, and let me be very clear: Everything is on the table—everything to deal with this corrupt MAGA majority.’
Former VP Kamala Harris has also mused about expanding the court.Â
‘Let’s invite ideas, for example, that are about Supreme Court reform, including the notion of expanding the court,’ Harris told supporters on a mid-May call with the liberal nonprofit Emerge. ‘Let’s invite a discussion about how do we push for statehood for Puerto Rico and D.C.; how are we thinking about the Electoral College?’
Republican House Speaker Mike Johnson said at the time Harris’ plan amounted to a ‘dangerous gambit’ to ‘blow up’ the Supreme Court.Â
President Donald Trump has warned that Democrats will try to ‘obliterate’ the Supreme Court if they win the upcoming midterm electionsÂ
Former Vice President Kamala Harris said in May that Democrats need to study the idea of how to expand the Supreme CourtÂ
The Supreme Court has had nine justices since 1869, but some Democrats are floating the idea of adding up to four more to the bench
‘It’s a dangerous thing, a dangerous gambit,’ Johnson said. ‘You don’t just blow up the system when you lose.’
Expanding the court remains a tall task, even if Democrats obtain a Senate majority in November.
The Senate requires 60 votes to pass most legislation, and given the current 53 – 47 GOP majority, Democrats would almost certainly need Republican support for the overhaul.
Even if Democrats destroy longtime Senate precedent and lower the vote threshold from 60 to a simple majority for passage, President Trump would be waiting in the wings with his veto pen.Â
Longtime Senators have expressed hesitation with nuking the filibuster, the rule that requires 60 votes to pass major legislation.
They argue that getting rid of the filibuster would make the upper chamber more volatile, handing the majority party more concentrated power than ever before.Â
Influential Democratic Congressman Jamie Raskin added some more detail to the pending Supreme Court remodel plan in a recent segment with MS NOW.Â
He reasoned that since America’s circuit court system has expanded by four seats, so too should the Supreme Court. Â
Democratic Congressman Jamie Raskin suggested adding four more Justices to the Supreme Court to have its number of Justices match the number of circuit courts in the US
Trump has argued that Democrats would want to add up to 12 new Supreme Court Justices
‘There are 13 federal circuits in America, and traditionally, the Supreme Court has been made up of the number of Justices equal to the number of circuits,’ Raskin said.
‘We’ve got 13 circuits, but we only have nine Justices. So that means that under the best of circumstances, four entire federal regions, four federal circuits will be left out completely.’
Currently, the Supreme Court has a 6-3 conservative advantage.
The plan floated by Raskin, and seemingly supported by Harris and Jeffries, would expand the court by four Justices.Â
Should they be able to select the Justices, Democrats hope they could court four liberal-leaning candidates to change the majority to 6-7.
Trump has repeatedly warned that if Democrats regain control, they would try to add as many as a dozen liberal Justices to the court.Â
‘The Democrats number one policy push is the complete and total obliteration of our great United States Supreme Court,’ Trump wrote on social media in December.Â
‘They will do this on their very first day in office, through the simple Termination of the Filibuster, should they win the upcoming elections,’ Trump wrote.Â
The post also noted that ‘the radical left Democrats are looking at 21 Justices, with immediate ascension.’
The Supreme Court has had nine Justices since 1869.Â