Democrats are promising major changes to the Supreme Court, and Republican lawmakers say those proposals could fundamentally alter the nation’s highest court.
A recent Wall Street Journal (WSJ) opinion piece examined what Democrats might do if they retake the House and potentially the Senate in November. One emerging answer, the piece argued, is a renewed focus on restructuring the Supreme Court.
House Minority Leader Hakeem Jeffries, considered a leading contender to become Speaker if Democrats gain control of the House, has signaled support for significant changes to the Supreme Court. In April, Jeffries called the Court “a disgrace” and said that under a Democratic majority, “everything is on the table” to address what he described as a “corrupt MAGA majority.” (RELATED: Conservative Supreme Court Justice Amy Coney Barrett Reportedly ‘Swatted’)
The WSJ piece also highlighted Maryland Democratic Rep. Jamie Raskin, who has argued for adding four new justices to the Supreme Court. Raskin has pointed to the fact that there are now 13 federal appellate circuits but only nine justices, saying that means “four entire federal regions” are effectively left without representation on the Court and that the bench should be expanded accordingly.
Supporters of expansion have argued that the Court should grow from nine to 13 justices to match the number of federal appellate circuits. Critics, however, note that the Supreme Court has had nine justices since 1869, even as additional appellate circuits were created over time. They also point out that the historical practice of Supreme Court justices hearing cases on regional circuits ended more than a century ago.
Raskin has also proposed legislation that would transfer initial review of Supreme Court petitions to a rotating panel of 13 federal appellate judges. Supporters say the change would increase transparency, while opponents argue it would reduce the Court’s control over its docket and could reshape how major legal questions reach the justices. (RELATED: SCOTUS’s Unanimous Ruling Could Protect American Trucking Jobs)
The Daily Caller reached out to several members of the Senate and House Judiciary Committees for their reaction to Democratic proposals to expand or otherwise reform the Supreme Court if Democrats regain power in November.
Republican Utah Sen. Mike Lee, who authored the book “Saving Nine” about preserving the Court’s current size, criticized proposals to add seats or impose term limits.
When asked about Democratic lawmakers’ comments and proposals, Lee told the Caller, “Democrat proposals to pack the Supreme Court or impose term limits would be a naked abuse of power, a violation of an independent judiciary, and a far greater threat to constitutional government than any so-called ‘norms’ breaking they’ve whined about for the past decade.”
Republican Texas Sen. John Cornyn similarly argued that Democratic frustrations with recent court decisions are driving calls for reform.
“Our Democrat colleagues don’t want to keep losing cases in the courtroom, so they’ve adopted a new strategy: If you can’t win the game, change the rules, from packing the court with liberal justices to dictating recusal requirements,” Cornyn told the Caller.
Cornyn continued, “Republicans will continue to fight to protect the integrity of America’s judicial system, and we will not allow Democrats to hijack the federal judiciary for their own partisan benefit.”
The Wall Street Journal piece further argued that while Democrats may disagree with recent Supreme Court rulings, they still have legislative avenues available to pursue their policy goals through Congress. The piece contended that some critics are frustrated not only by specific decisions, but by the fact that the Court is no longer reliably advancing policies that lack sufficient support to pass through the legislative process.
A similar argument was raised by House Judiciary Committee Chairman Rep. Jim Jordan during a May 21 hearing titled “Court Packing: A Threat to the Supreme Court’s Legitimacy.” Addressing Democratic proposals to expand the Supreme Court by four seats, Jordan dismissed the rationale that the number of justices should correspond to the number of federal appellate circuits.
“That’s one of the dumbest things I’ve ever heard,” Jordan said. “But that’s the argument Democrats are making, and it’s the argument their witnesses articulated.”
— Rep. Jim Jordan (@Jim_Jordan) May 21, 2026
The debate comes as some Democrats continue to push judicial reforms, including court expansion and term limits for Supreme Court justices. With control of Congress potentially at stake in November, proposals surrounding the future structure of the Supreme Court are likely to remain a key point of partisan debate.
Raskin has also proposed legislation that would transfer initial review of Supreme Court petitions to a rotating panel of 13 federal appellate judges. Supporters say the change would increase transparency, while opponents argue it would reduce the Court’s control over its docket and could reshape how major legal questions reach the justices.
Republican Missouri Senator Eric Schmitt addressed the idea of the Democrats rewriting the rules, writing to the Caller, “Democrats know they cannot always win under the Constitution, so they want to rewrite the rules of the Court. Packing the Supreme Court would destroy the independence of the judiciary, weaken the rule of law, and betray the American legal tradition. If Democrats get their way, the highest Court in the land would become another political weapon.” (RELATED: EXCLUSIVE: Biden FBI Probed GOP Members After Prosecutors Privately Called Allegation ‘Completely Incredible’)
The Caller reached out to Republican Senators Lindsey Graham of South Carolina, Chuck Grassley of Iowa, Katie Britt of Alabama, John Kennedy of Louisiana, and Republican Rep. Brad Knott of North Carolina, for comment but did not receive a response in time for publication.