Kamala Harris calls for packing the Supreme Court with 13 justices as she eyes 2028
Former Vice President Kamala Harris used a speech in Nashville to demand expanding the Supreme Court to 13 seats, a proposal she never ran on in 2024 and one that would let Democrats reshape the judiciary's conservative majority.
Harris made the call Friday at the National Urban League's annual conference, framing the push around the structure of the federal court system. She told the audience the number of justices should match the number of federal circuit courts.
"We need to revisit the point of expanding the court to 13 justices like we have 13 district courts," Harris said. Six of the Supreme Court's nine current justices were appointed by Republican presidents, three of them by President Donald Trump. Adding four seats to a future Democratic president's appointment slate would erase that majority overnight.
Harris ran in 2024 without this proposal, now it anchors her pitch
Court-packing was not part of Harris's 2024 presidential campaign platform. As Fox News reported, her public embrace of the idea now signals a leftward shift as she positions herself for a possible 2028 run. The move tracks a broader pattern among Democrats who lost ground in 2024 and are now courting progressive voters with structural overhauls rather than policy arguments.
Harris's record on the issue has evolved steadily in one direction. During her 2020 White House bid, she said only that she was "open to that discussion." Last month, in an interview with former CNN host Don Lemon, she went further, saying she "absolutely believe(s) we should be exploring" expansion and agreeing with calls for 13 justices. Friday's speech dropped the hedging entirely.
That trajectory tells its own story. "Open to discussion" became "exploring" became a public demand, each step timed to a new audience and a new political calculation.
The Supreme Court has operated with nine justices since 1869. Congress has the power to change that number by statute, but no serious legislative effort to do so has succeeded in more than 150 years. Harris offered no bill, no procedural roadmap, and no explanation of how she would move such a proposal through a divided Congress.
Court expansion isn't Harris's only structural demand
She paired the court-packing call with two other proposals: statehood for Puerto Rico and Washington, D.C., and a review of the Electoral College. Each would benefit Democrats electorally. D.C. and Puerto Rico statehood would likely add four Democratic senators. Abolishing or weakening the Electoral College would shift presidential elections toward raw popular-vote totals, favoring high-population blue states.
Harris acknowledged the controversy herself. "We must allow for a real conversation about revisiting certain things. I know this is gonna be controversial coming from me, in particular. We need to revisit the Electoral College," she said, according to the Fox News report. She lost both the Electoral College and the popular vote to Trump in 2024, a detail that makes the timing hard to separate from self-interest.
As vice president, Harris backed President Biden's own Supreme Court reform proposals, which included term limits for justices but stopped short of adding seats. Biden's proposals went nowhere legislatively. Harris has now leapfrogged them.
The current Court has handed down several rulings that frustrated both parties. The Trump administration recently let a Supreme Court birthright citizenship deadline lapse without filing, and the Court struck down the administration's use of emergency trade authority to impose tariffs, a decision that forced the White House to turn to century-old trade laws to rebuild its tariff framework. Those rulings show a Court willing to check executive power regardless of which party holds the White House.
Other 2028 contenders are lining up behind the idea
Harris is not alone. Former Transportation Secretary Pete Buttigieg, another potential 2028 contender, has long called for expanding the Court. During his 2020 presidential run, Buttigieg pitched a 15-member bench, even larger than what Harris now proposes. New York Representative Alexandria Ocasio-Cortez has been a longtime proponent of adding justices.
California Governor Gavin Newsom, who had previously voiced skepticism about increasing the number of justices, said last month in an interview with progressive media personality Brian Tyler Cohen that he was warming to the idea. When a proposal this radical starts drawing in skeptics, it suggests the Democratic primary electorate is demanding it as a litmus test.
The federal judiciary, as the Department of Justice notes, includes 13 circuit courts and 94 district courts. Harris anchored her argument to the 13-circuit figure. But if the logic is that the Supreme Court should mirror the lower courts numerically, 94 district courts would justify an even more dramatic expansion, an absurdity that exposes the reasoning as a convenient frame rather than a governing principle.
Harris has meanwhile settled into life outside the White House. She recently moved into an $8 million Malibu estate, a detail that sits uneasily beside her populist pitch to restructure American government on behalf of underrepresented communities.
The Supreme Court has also been active on voting rights. A recent ruling on the Voting Rights Act reshaped redistricting nationwide and triggered new legal battles, the kind of consequential decision-making that makes the Court a target for politicians unhappy with its outcomes.
Expansion would reward losing by rewriting the rules
CNN reported Harris's Nashville remarks as part of her broader positioning for 2028. But the substance deserves more scrutiny than the strategy. Court-packing does not fix a broken institution. It punishes an institution for producing results one party dislikes. The justices Democrats want to dilute were nominated by elected presidents and confirmed by elected senators under the same constitutional process Democrats themselves used when they held power.
Harris offered no limiting principle. If Democrats add four seats the next time they hold the White House and Senate, nothing stops Republicans from adding four more after that. The result is not a better Court. It is a permanently politicized rubber stamp for whoever holds temporary power, the opposite of judicial independence.
When politicians lose elections and then propose changing the structure of the government that checked them, the word for that is not reform. It is leverage, and voters who care about constitutional order should recognize it for what it is.

