In 2019, then-Senator and Democratic presidential candidate Kamala Harris expressed openness to potentially expanding the Supreme Court, a move commonly referred to as court-packing. During her campaign, Harris reiterated her willingness to consider increasing the number of justices on the Supreme Court, which could potentially shift the ideological balance in favor of liberal justices.
While addressing voters in New Hampshire, Harris stated that she was open to the conversation about adding up to four seats to the high court. She emphasized that she believed 'everything is on the table' when it came to restoring confidence in the Supreme Court, including the possibility of court-packing.
Despite being asked to elaborate further on her stance, Harris simply reiterated her openness to the idea without providing additional details. Her campaign did not offer any comments on the matter at that time.
Recently, the Biden-Harris administration unveiled a set of proposals aimed at reforming the Supreme Court. Among the proposed changes were term limits for justices, an ethics code for the Supreme Court, and a constitutional amendment to address presidential immunity from prosecution. Notably, the plan also included a provision that would involve appointing a new justice every two years, effectively altering the composition of the court over time.
Former Trump administration lawyer Mark Paoletta criticized the proposal, suggesting that it could lead to a form of court-packing. He highlighted Harris' alignment with Democratic Senator Sheldon Whitehouse's court-packing legislation, which aimed to disqualify senior justices from active service, potentially impacting Justices Thomas, Roberts, and Alito.
Paoletta argued that Whitehouse's legislation, supported by Harris, was more concerning than historical court-packing attempts. The bill outlined a system where only the most recently appointed justices would handle appellate cases, raising questions about the independence and integrity of the Supreme Court.
While President Biden had previously been cautious about endorsing court-packing, the administration's recent proposals indicate a shift in approach. The potential implications of these reforms, particularly in reshaping the Supreme Court, have sparked debates and concerns among legal experts and politicians.
