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This fact brief was originally published as an experiment to test the concepts behind fact briefs.
Readers should be aware that while there is still a lot of useful information in fact briefs like this one, not all of them reflect Gigafact's current methods and standards for fact briefs. If you come across any that you feel are out of date, don't hesitate to contact us at support@gigafact.org.

Would a recently proposed bill allow Democratic appointees to gain a majority on the Supreme Court?

Tuesday, April 20, 2021
By Gus Fisher
YES

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.

This fact brief is responsive to conversations such as this one.
ABOUT THE CONTRIBUTOR
Between 2020 and 2022, under close editorial supervision, Gigafact contracted a group of freelance writers and editors to test the concepts for fact briefs and provide inputs to our software development process. We call this effort Gigafact Foundry. Over the course of these two years, Gigafact Foundry writers published over 1500 fact briefs in response to claims they found online. Their important work forms the basis of Gigafact formats and editorial guidelines, and is available to the public on Gigafact.org. Readers should be aware that while there is still a lot of relevant information to be found, not all fact briefs produced by Gigafact Foundry reflect Gigafact's current methods and standards for fact briefs. If you come across any that you feel are out of date and need to be looked at with fresh eyes, don't hesitate to contact us at support@gigafact.org.
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