CORE MESSAGE

No matter where we live or what we look like, most of us believe the Supreme Court should protect our most fundamental freedoms. 

But today, our Supreme Court is facing a legitimacy crisis.  Everything we care about — our rights to vote and access abortion care, our safety against discrimination and from gun violence, the fate of our climate, and our right to organize at work — is under attack by the Supreme Court. Certain politicians and the corporate special interests who fund them packed the Court with an extreme right-wing supermajority interested in imposing their anti-democratic agenda instead of upholding our freedom. 

We’ve expanded the Supreme Court in the past, and it’s time to do it again. Momentum is growing as the Court’s threats to our rights and freedoms become more and more dire. Together, we can expand and rebalance the Court, impose common sense ethics rules, and make sure that our highest court respects precedent and principle, protects our most fundamental freedoms, and stands up for the American people, not corporate special interests. 

 
 

POLLING + Fast Facts

 

VOTERS DON’T TRUST TODAY’S SUPREME COURT

Just 25% of Americans have high confidence in the Supreme Court, nearly half of what it was just 2 decades ago. Nearly 75% reported having “none,” “very little,” or only “some” confidence in the institution. And 61 percent of Americans disapprove of how the Supreme Court is handling its job.

A CODE OF ETHICS FOR JUSTICES HAS STRONG BIPARTISAN SUPPORT

Polling finds 81 percent of voters nationwide support a code of ethics, including Republicans by a +63-point margin, Independents by a +71-point margin, and Democrats by a +76-point margin.

THE COURT HAS CONSISTENTLY FAILED TO PROTECT OUR MOST FUNDAMENTAL FREEDOMS

From overturning the right to abortion to gutting the Voting Rights Act to undermining our right to organize at work or drink clean water, the Supreme Court’s commitment to backing powerful corporate special interests and attacking the most basic rights of everyday Americans has never been clearer."

VOTERS SUPPORT EXPANDING THE COURT

When informed that Republicans have held a majority on the Court for more than 50 years, 84 percent of 2020 Biden voters — and a majority of ALL VOTERS — support expanding and rebalancing the Supreme Court.

THE SIZE OF THE COURT HAS CHANGED BEFORE

There’s no set number of justices required by the Constitution and Congress has changed the size of the Court seven times in our history. In fact, the number of seats on the Supreme Court used to reflect the number of federal districts. Today, there are 13 federal districts but only nine seats on the court.


Words that Work

 

Talk about the Supreme Court’s “legitimacy crisis” and give examples of its extreme decisions and the concrete impacts on everyday Americans

Emphasize that Congress has changed the size of the Court before — and we can do it again

Lead with the stakes: we have to expand the Court because it is threatening our fundamental freedoms and our democracy

We should be able to trust our nation’s highest legal authority to protect our freedom.


The radical decisions from this Court’s majority of conservative extremists and repeated ethics violations by certain right-wing justices have created a crisis of legitimacy—the justices are unelected, have lifetime appointments, have no binding code of ethics, and multiple justices lied under oath to Congress during their confirmations. 

From overturning the right to abortion to gutting the Voting Rights Act to undermining our right to organize at work, the Supreme Court has attacked our fundamental freedoms too many times. We need reform that will protect our most basic freedoms, instead of extremists and corporate special interests.

By expanding and rebalancing the Court, we can make it work for all of us, not just one narrow ideological faction.

It’s little surprise that the Court’s actions are so out of touch with the will of the people when Republicans have held a majority on the Court for more than 50 years — despite voters preferring Democrats in 7 of the last 8 presidential elections.

Expanding the Court is constitutional, and the process is simple: all Congress has to do is pass the Judiciary Act of 2021.

There’s no constitutional reason the Court must be made up of nine justices. In fact, Congress has changed the Court’s size seven times over our history.

The Supreme Court is the least accountable part of our government; and it is the only federal Court that does not have a binding code of ethics. We should institute a binding code of ethics, including rules to prevent conflicts of interest and should adopt transparency measures, including live-streaming of oral arguments and decisions.

It’s no surprise that public trust in the Supreme Court is the lowest it’s ever been. We have to protect our basic rights and restore the American people’s trust in the Court. 

Adding four new justices to the Court would rebalance it after the right-wing theft of the Court and safeguard our rights. 

Four is the number of additional justices needed to create a pro-democracy, pro-people majority on the Court. NEXT: TOOLS + RESOURCES ↓

Tools + Resources

 

For more information, we have included the following additional resources below. These resources do not necessarily reflect the policy positions of the Progressive Caucus Action Fund.

 

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