Shaheen, Hassan, Kuster, Pappas oppose US Supreme Court expansion
All-Democratic NH congressional delegation weighs in on newly unveiled bill to expand court to 13 justices
All-Democratic NH congressional delegation weighs in on newly unveiled bill to expand court to 13 justices
U.S. Sens. Jeanne Shaheen and Maggie Hassan and U.S. Reps. Annie Kuster and Chris Pappas are unanimous in opposing the proposed expansion of the number of seats on the U.S. Supreme Court.
The four Democratic members of the New Hampshire’s congressional delegation weighed in Thursday after U.S. Sen. Ed Markey, D-Massachusetts, and U.S. Rep. Jerrold Nadler, D-New York, led a coalition of progressive lawmakers and advocacy groups in a rollout of the Judiciary Act of 2021, which would add four seats to the court and create a 13-justice panel.
The bill appears to be facing a bleak future.
House Speaker Nancy Pelosi said she has “no plans to bring it to the floor” of the House for a vote. She said she supports President Joe Biden’s creation of a commission to study possible changes to the court, including expansion and the implementation of term limits.
A spokesperson for Hassan initially told WMUR: “Senator Hassan has concerns with changing the composition of the Supreme Court. She will review the recommendations from the presidential commission on Supreme Court reform that President Biden created.”
After this report appeared, the spokesperson told WMUR: "To clarify, Senator Hassan opposes changing the number of justices."
Shaheen supported the creation and work of the commission but opposed adding seats to the court.
“Senator Shaheen supports the president’s creation of a commission on Supreme Court reform to ensure our courts do not become overly politicized, however, she does not believe Congress should expand the court,” said Shaheen’s spokesperson, Sarah Weinstein.
“Senator Shaheen believes Congress’ top priority must be ensuring the American people have faith in the fairness of our courts for democracy to function,” Weinstein said.
The state’s two U.S. House members also opposed the plan in no uncertain terms.
U.S. Rep. Annie Kuster issued her own statement, saying:
“While the size and composition of the Supreme Court has changed throughout American history, I believe that the current number of justices is sufficient for deciding our nation’s most pressing legal cases.
“The integrity of the Judicial Branch and public trust in the rule of law are critically important to our society and could be undermined by efforts to expand the number of associate justices on the Supreme Court.”
U.S. Rep. Chris Pappas’ spokesperson, Collin Gately, said: “As Congressman Pappas has stated before, he does not support changing the number of seats on the Supreme Court.
“He is focusing his legislative attention on what matters to Granite Staters: the COVID-19 pandemic, serving New Hampshire's veterans, and passing an infrastructure package that will create jobs and create a strong economic future."
Markey and the other proponents stood before the U.S. Supreme Court building in Washington, D.C. to call for the change, saying it would bring “balance” to the court, which now has a 6-3 conservative majority.
Conservatives call the move court-packing.
But Markey and Nadler contended that former President Donald Trump and former Senate Majority Leader Mitch McConnell, who is now the Senate Minority Leader, packed the court by blocking former President Barack Obama’s nominee, Merrick Garland, in the 2016 presidential election year and then by fast-tracking Trump nominee Amy Coney Barrett ahead of last year’s election.
“We are here today because the United States Supreme Court is broken, it is out of balance and it needs to be fixed. Too many Americans view our highest court in the land as a partisan, political institution, not our impartial judicial branch of government,” Markey said at the press conference.
In a separate statement, Markey said, “Of all the damage Donald Trump did to our Constitution, this stands as one of his greatest travesties. Senate Republicans have politicized the Supreme Court, undermined its legitimacy, and threatened the rights of millions of Americans, especially people of color, women, and our immigrant communities. This legislation will restore the Court’s balance and public standing and begin to repair the damage done to our judiciary and democracy.”
He called for abolishing the Senate filibuster to ensure the bill can pass the Senate.
"Some people will say we’re packing the court,” Nadler said. “We’re not packing it. We’re unpacking it. Senator McConnell and the Republicans packed the court over the last couple of years.”
But McConnell said on the Senate floor: "It's not just about whether this insane bill becomes law. Part of the point here are the threats themselves. The left wants a sword dangling over the justices when they weigh the facts in every case."
There is no constitutional mandate of the number of justice on the Supreme Court. It is up to Congress.
The court has had nine members since 1869. An effort in the 1930s by President Franklin Delano Roosevelt to expand the court failed.