Full Breakdown
Rep. Jim Clyburn Calls His 1991 Support for Justice Clarence Thomas a “Mistake” and Urges Expanding the Supreme Court to 13 Seats
8/31/2026, 8:39:16 PM
Background & Context
In 1991, during Clarence Thomas’s confirmation hearings, Rep. James Clyburn (D-SC) testified before the Senate, describing Thomas as “a personal and professional friend” despite their differing political philosophies. At the time, Thomas was the chair of the Equal Employment Opportunity Commission and was nominated by President George H.W. Bush. Over the ensuing three decades, Thomas has become a leading voice on the Court’s conservative bloc, authoring opinions that overturned federal abortion protections, ended affirmative-action policies in higher education, and supported challenges to voting-rights precedents.
Core Event
On “Meet the Press” (aired on a Sunday), Clyburn publicly recanted his earlier endorsement, labeling his vote for Thomas a “mistake.” Clyburn also announced his support for a proposal, advanced by former Vice President Kamala Harris, to increase the number of Supreme Court justices from nine to thirteen.
Official Statements & Responses
- He added, “I don’t rule it out, but I don’t rule it in,” regarding a possible impeachment vote.
- Democratic Leadership: Minority Leader Hakeem Jeffries echoed a similar stance, stating, “We haven’t ruled anything in and we haven’t ruled anything out,” about impeachment and court reform.
- Republican Reaction: Texas Sen.
Data & Statistics
- Current Supreme Court composition: 9 justices.
- Proposed composition: 13 justices (a “baker’s dozen”).
- Clyburn’s suggested increase would add four seats, representing a 44 % rise in the Court’s size.
Why It Matters / Impact
Clyburn’s reversal highlights a rare instance of a senior Democratic lawmaker publicly reassessing a landmark judicial appointment. His advocacy for a larger bench ties directly to ongoing Democratic discussions about “court-packing” as a response to the Court’s recent conservative rulings. If Congress were to act, expanding the Court would require simultaneous approval by the House, Senate, and the President, reshaping the judiciary’s long-standing structure.
Verbatim Quotes
- “Absolutely not. I have made mistakes in my life,” — Rep. James Clyburn
- “I had no idea that Clarence Thomas would rebel the way he has against his own background and experiences. He was raised by his grandfather, and he has shown very little sensitivity to the environment his grandfather grew up in Pin Point, Georgia,” — Rep. James Clyburn
- “I had hoped that Clarence Thomas would follow the modern underpinnings of that Constitution of ours, but he has not done so,” — Rep. James Clyburn
- “I understand Jim Clyburn has a political base to answer to. But his explanation is actually a pretty good test of why Clarence Thomas is such a great Justice. Apparently, Thomas’s great ‘mistake’ was refusing to treat precedent as more sacred than the Constitution. When the Court got it wrong, he said so. When others stopped short, he went further,” — Texas Sen. Ted Cruz
- “That was a mistake on my part,” — Rep. James Clyburn
- “In fact, he’s decided to go all the way from an angry leftist, to a very angry rightist.” — Rep. James Clyburn
What’s Next
Clyburn indicated confidence that Democrats will regain control of the House in the upcoming midterm elections. No formal legislation has been introduced yet, so any change to the Court’s size remains contingent on future congressional action.
