Story perspectives

Clyburn Backs Expanding Supreme Court to 13 Justices

9/1/2026

Summary

Story summary

Rep. James Clyburn (D-South Carolina) said he supports expanding the Supreme Court to 13 justices.
He argues the expansion would counter recent rollbacks of civil-rights protections, including abortion and affirmative-action decisions.
Clyburn called his earlier endorsement of Justice Clarence Thomas a mistake because Thomas has acted against civil-rights precedents.
He urged Democrats to prioritize affordable housing, education, energy and health care over impeaching President Donald Trump.

History

Historical Context

Since the Judiciary Act of 1869 fixed the Supreme Court at nine justices, Franklin D. Roosevelt’s 1937 court-packing proposal—backed by Chief Justice Charles Evans Hughes and Senate Majority Leader Joseph T. Robinson—sought to add up to six new seats but was rejected 70-20 after Robinson’s July death. In 2024 Rep. James Clyburn again urges expanding the Court to 13 justices, echoing Roosevelt’s rationale.

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Story summary

Rep. James Clyburn (D-South Carolina) said he supports expanding the Supreme Court to 13 justices.
He argues the expansion would counter recent rollbacks of civil-rights protections, including abortion and affirmative-action decisions.
Clyburn called his earlier endorsement of Justice Clarence Thomas a mistake because Thomas has acted against civil-rights precedents.
He urged Democrats to prioritize affordable housing, education, energy and health care over impeaching President Donald Trump.

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