Kamala Harris just told the world she wants to pack the Supreme Court with four new justices.
House Republicans tried to slam that door shut on Wednesday with a constitutional amendment.
But House Democrats just voted to keep the door open for court packing.
Democrats Have Been Planning This Since FDR
Franklin Delano Roosevelt tried the same scheme in 1937.
He controlled the House, the Senate, and the White House.
He wanted to expand the Supreme Court from nine justices to 15 because the existing court kept blocking his New Deal agenda.
His own party revolted and the plan died in defeat – and court packing stayed radioactive for 90 years.
Now Democrats are bringing it back, and they're not even embarrassed about it.
Kamala Harris stood at the National Urban League conference in Nashville last month and called for expanding the Supreme Court to 13 justices.
"We need to revisit the point of expanding the court to 13 justices," Harris said.
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That wasn't a hypothetical.
That was a 2028 campaign promise.
Rep. Jamie Raskin of Maryland – who openly wants 13 justices – stood on the House floor Wednesday and called the nine-justice limit a "partisan power grab by MAGA."
When Democrats describe protecting a 157-year-old institution as a power grab, you're watching the people who are actually planning the grab.
Republicans Tried to Stop It. Democrats Said No.
Rep. Andy Biggs of Arizona introduced H.J. Res. 1 – a constitutional amendment to permanently lock the Supreme Court at nine justices.
The Judiciary Committee passed it 15 to 8 in June.
Speaker Mike Johnson fast-tracked it to the full House floor Wednesday.
The majority of House members voted yes.
It still failed – because under the suspension of rules procedure, you need two-thirds, not a simple majority.
Democrats knew exactly what they were doing when they voted no.
This wasn't a procedural protest.
This was a statement.
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They want the option to pack the court the moment they win a trifecta, and they refused to give it up.
Rep. Mark Harris of North Carolina said it plainly on the floor: "Their objective is not to uphold ethical principles or even to protect individual rights, but rather to consolidate power and intimidate the court."
Biggs asked the right question too: "If a sitting majority can change the size of the Supreme Court the moment it dislikes rulings, what happens to the next time the other side is in power?"
Democrats had no answer – because the answer exposes the whole scheme.
What This Vote Really Means
The Supreme Court has had nine justices since 1869.
That's 157 years of stability – through two World Wars, the Great Depression, the Civil Rights era, and Watergate.
Democrats want to blow that up because three of those nine seats were filled by Donald Trump.
Senate Judiciary Chairman Chuck Grassley said it plainly: court packing was a bad idea in 1937 and it's a bad idea in 2026.
FDR had bigger majorities than Kamala Harris will ever see – and even his own Democrats walked away.
What Wednesday's vote proved is that today's Democratic Party has moved left of FDR.
Think about that.
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The party of the New Deal was too moderate to pack the Supreme Court.
Today's Democrats couldn't wait to block the vote that would have prevented it.
They want four new justices, hand-picked to rubber-stamp their agenda, packed onto a court conservatives built over 40 years of elections and appointments.
They call nine justices "arbitrary."
They call protecting that number a "power grab."
And they just voted to keep the door open.
Sources:
- Elizabeth Elkind, "Republicans fail to ease one of Trump's greatest fears as Supreme Court measure collapses," Fox News, September 2, 2026.
- Chuck Grassley, "Democrats Revive FDR Court-Packing Scheme to Rig the Supreme Court," The Federalist, June 24, 2026.
- Fox News Staff, "Kamala Harris backs major changes to the Supreme Court, Electoral College ahead of possible 2028 campaign," Fox News, July 31, 2026.
- Andy Biggs, "Congressman Biggs's Resolution to Enshrine Number of U.S. Supreme Court Justices in Constitution Passes Judiciary Committee," Press Release, June 5, 2026.
