Democrats and President Biden Propose a Baker's Dozen for Supreme Court, Though Proposed Legislation May Be More Symbolic Than Realistic

Photo Source: The justices of the U.S. Supreme Court at the Supreme Court Building on Nov. 30, 2018. Seated from left: Associate Justice Stephen Breyer, Associate Justice Clarence Thomas, Chief Justice of the United States John G. Roberts, Associate Justice Ruth Bader Ginsburg and Associate Justice Samuel Alito Jr. Standing behind from left: Associate Justice Neil Gorsuch, Associate Justice Sonia Sotomayor, Associate Justice Elena Kagan and Associate Justice Brett M. Kavanaugh. (J. Scott Applewhite / AP file)

Congressional Democrats introduced a new Biden Administration plan to expand the Supreme Court from nine to thirteen justices.

Since 1789, the Supreme Court has included nine justices, though it has had more during brief times in American history.

The transformational move is expected to create Congressional controversy as Republicans will fight to maintain their conservative majority in the land's highest court.

Last week, President Biden announced creating a special thirty-six member commission to study the number of justices and length of their terms. Biden instructed the commission to report back within six months with possible changes for the Supreme Court's make-up, lifetime terms, and jurisdiction.

Two Democrats introduced the bill, including Sen. Ed Markey of Massachusetts and Rep. Jerry Nadler of New York, the House Judiciary Committee chair.

Co-sponsors include Democratic Representatives Hank Johnson of Georgia and Mondaire Jones of New York.

Representative Markey said it's time to bring back non-political fairness to the appointment of Supreme Court Justices.

"We need more than a commission to restore integrity to the court," said co-sponsor Markey.

The appointment of Supreme Court justices by presidents is highly political. Throughout American history, both Republicans and Democrats have moved their real-life chess pieces into place as judges retire or pass away.

The legislation to expand the Supreme Court is considered a high-stakes move since President Donald Trump and Congressional Republicans filled three vacant seats to take over the Court's majority over the past four years with conservative justices.

Democrats are seeking to add new liberal justices during Biden's term in office.

Among the new commission members are co-chairs Obama White House Counsel Bob Bauer and Yale law professor Cristina Rodriguez, plus thirty-four members including conservatives and scholars.

Some of the top scholars and constitutional experts in the nation are on the commission, including the most famous constitutional law professor in the U.S. Lawrence Tribe, the head of the NAACP Legal Defense Fund Sherrilyn Ifill, and the former president of the American Constitutional Society Caroline Fredrickson, among others.

The new Democratic legislation would change the Court dramatically. If the law passes, Democrats will take back the majority since President Biden would appoint four new justices. Adding these four new justices means the current conservative majority would tip to favor liberals, with a 7-6 majority.

This new Democrat-led legislation is not expected to become a reality. It takes an act of Congress to expand the Supreme Court, and the currently slim Congressional Democratic majority, such a win seems impossible.

President Biden's administration released a statement about the commission, saying in part, "The Commission's purpose is to provide an analysis of the principal arguments in the contemporary public debate for and against Supreme Court reform, including an appraisal of the merits and legality of particular reform proposals. The topics it will examine include the genesis of the reform debate, the Court's role in the Constitutional system; the length of service and turnover of justices on the Court; the membership and size of the Court; and the Court's case selection, rules, and practices."