Four Democrats have introduced a bill to add four new justices to the nine now serving on the Supreme Court. Passage in the current Congress would allow President Biden to name four new judges, resulting in a 7-6 majority of Democratic appointees, assuming all nominees are confirmed while Democrats have control of the Senate.
Congress set the size of the court at six members in 1789, expanding it to nine in 1869, one for each circuit court of appeals. The bill’s sponsors note that with 13 judges there would again be a justice for each of what are now 13 appeals courts.
After increasingly contentious battles over recent court appointments, the Republican drive to confirm Amy Coney Barrett just before the November election fueled a debate about changes to the court’s structure. President Biden has appointed a commission to study the matter, with a report due in six months.