“The Republicans stole two Supreme Court seats in 2016 and 2020. That’s what’s giving them their supermajority. The only way to solve this problem in a very short period of time is to expand the Supreme Court by four seats, up to 13,” Markey said.
The Massachusetts Democrat went even further, explaining that he believes increasing the number of justices would immediately shift the balance of power on the Court.
“That would then restore the 7-6 majority, which should be in place right now. And we have to fight for that, and we can do that statutorily. It does not require a constitutional amendment,” he added. “That has to be at the top of the agenda, and that’s what I’m talking to my colleagues about right now.”
According to Markey, conversations with fellow Democrat senators are already underway. While he acknowledged that not every member of the caucus has publicly embraced the proposal, he suggested the effort remains an active topic behind closed doors.
The senator’s latest comments mirror legislation he has championed in previous sessions of Congress. During the 118th Congress, Markey introduced the Judiciary Act of 2023, designated as S. 1616, which proposed increasing the Supreme Court from its current nine-member structure to thirteen justices. A companion measure in the House was introduced by Rep. Hank Johnson (D-Ga.).
At the time, the Senate proposal attracted support from fellow Democrats including Sens. Tina Smith (D-Minn.) and Elizabeth Warren (D-Mass.). In the House, several prominent Democrats signed on as co-sponsors or supporters, including Reps. Jerry Nadler (D-N.Y.), Cori Bush (D-Mo.), and Adam Schiff (D-Calif.).
If enacted, the legislation would amend Title 28 of the United States Code to authorize four additional associate justices. Under the proposal, the Court would consist of one chief justice and twelve associate justices, bringing the total membership to thirteen.
Backers of the legislation have argued that the expansion would correspond with the nation’s thirteen federal judicial circuits. They contend that assigning one justice to each circuit would reflect historical practices used during the early years of the federal judiciary.
Critics, however, have long referred to the proposal as “court packing,” arguing that expanding the Court for ideological reasons would undermine public confidence in the judiciary and open the door for future partisan escalations whenever control of Washington changes hands.
Despite attracting attention from progressive lawmakers, Markey’s legislation failed to gain traction during the last Congress. The Judiciary Act never advanced beyond committee referral and did not receive a vote in either chamber.
So far, no updated version of the bill has been introduced in the current Congress, and Markey has not announced any new list of Democratic co-sponsors following his latest remarks.
The debate over the size of the Supreme Court has remained a flashpoint in American politics because the Constitution does not specify how many justices must serve on the bench. Article III establishes the existence of “one supreme Court,” while leaving it to Congress to determine the Court’s size through legislation.
Throughout American history, Congress has altered the number of Supreme Court justices seven different times. The current nine-member structure has remained in place since 1869, making it one of the longest-standing institutional arrangements in the federal government. Whether Markey’s renewed campaign gains broader support remains to be seen, but his latest comments signal that expanding the Court remains a priority for some Democrats despite the proposal’s repeated failure to advance in Congress.
