Will Biden Expand the Supreme Court if He Wins the Election?

One of the most contentious debates surrounding a potential Biden presidency is the idea of expanding the Supreme Court. However, it is crucial to understand that Congress is responsible for increasing the number of seats on the Supreme Court. Once the seat is created, the President can select candidates, but Congress must approve them. This means that any expansion would require not only the support of the President but also significant support from Congress.

Historical Context: FDR's Supreme Court Expansion

The last time the Supreme Court was expanded was during Franklin Delano Roosevelt's presidency. At that time, FDR was extremely popular, and his Democratic party controlled both houses of Congress. This made it relatively easy to expand the Court. However, the political climate today is vastly different. If Biden were to propose expanding the Court, it is highly unlikely that such a proposal would be accepted by Congress, given the current political landscape.

The Current Political Landscape

With a Republican Senate, responsible for vetting Supreme Court candidates, any attempt to expand the Court is virtually impossible. Republicans have shown no inclination towards expanding the Court, and even if a number of Supreme Court justices resign, the process for ratification would be complex and time-consuming. Additionally, given the Senate's ability to use the filibuster, any expansion attempt would likely be effectively delayed until a Republican president could fill the vacancies.

Why Expansion is Infeasible in the Current Climate

Firstly, the current court is doing a decent job in adhering to the Constitution. There is no overwhelming need for expansion. Secondly, expanding the Court would be politically counterproductive. If one party controls both the White House and Congress, they would have the power to continually expand the Court to suit their ideological leanings, leading to an ever-growing and increasingly polarized Supreme Court. This could undermine the legitimacy and impartiality of the Court, which is crucial for the functioning of American democracy.

Consequences of Expansion

If Biden were to expand the Court and increase the number of justices, it would set a dangerous precedent. For instance, if a Republican wins the election and the Republicans control both the House and Senate, they could expand the Court to an absurd number, such as 400 justices, handing a decisive majority to conservatives. Conversely, if Democrats regain control, they could expand the Court even further, potentially reaching 500 justices, giving a majority to liberals.

This scenario is not theoretical; it is quite plausible given the current political climate. The idea of a court with such a high number of justices would be laughable and would serve to politicize an already contentious institution.

Conclusion

In conclusion, while theoretically, it is possible for Biden to expand the Supreme Court, in practice, it is highly improbable. The current political landscape, particularly the Republican control of the Senate, makes any such proposals unlikely to succeed. Furthermore, any attempt to expand the Court would create a dangerous precedent that could lead to an ever-expanding and increasingly partisan judicial branch of government. Therefore, while the idea is possible, it is infeasible under the current political circumstances.