Opportunity Solutions Project Calls for Democrats to End Unlawful Expansion Attempts at All Court Levels

Tallahassee, FL— Yesterday, Democrats in Congress introduced the “Judiciary Act of 2021,” which seeks to expand the U.S. Supreme Court from nine justices to 13. The Opportunity Solutions Project calls for all members of Congress to stand against this egregious effort to undermine the independence of the federal judiciary and destroy the balance of power within our government system.  

This bill—and a Biden Executive Order establishing a commission to examine the size of the Supreme Court—come days after liberal advocates suggested Senators Chuck Schumer and Bernie Sanders use reconciliation rules to add 250 seats to federal district and circuit courts. Only by expanding the number of Supreme Court Justices, or dramatically increasing the number of federal vacancies, can the Biden administration achieve the full scope of its agenda while simultaneously undermining the Trump Administration’s legacy.

According to a nationwide poll conducted in September 2020, 59 percent of American voters oppose increasing the size of the U.S. Supreme Court through this kind of court-packing effort. Democrats continue to push expansion legislation despite this. 

“These coordinated efforts are clearly meant to distract the public from the Biden administration’s assault on the independent judiciary,” said Chase Martin, Visiting Fellow at OSP. “After such a close election, the Biden Administration and Congress should reflect on their promise to preserve, protect and defend the Constitution rather than seeking such an unprecedented change.” 

The Opportunity Solutions Project asks each member of Congress to vote against the “Judiciary Act of 2021” as it is introduced and debated.


The Opportunity Solutions Project is a nonprofit, nonpartisan advocacy organization that specializes in health care, welfare, work reform, and election reform.