Will Senate Democrats Pack the Court If Roe Is Overturned?

Supreme Court Police officers guard a barrier between anti-abortion and pro-abortion rights protesters outside the court building, ahead of arguments in the Mississippi abortion rights case *Dobbs v. Jackson Women’s Health*, in Washington, D.C., December 1, 2021. (Jonathan Ernst/Reuters)

It remains highly unlikely.

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A
t this week’s confirmation hearings for Judge Ketanji Brown Jackson, President Biden’s nominee to replace Justice Stephen Breyer on the Supreme Court, Republicans on the Senate Judiciary Committee sounded the alarm about a Democratic proposal that would increase the number of justices from nine to 13, thus giving the Court a 6–5 majority of Democratic appointees.

In response, many Democratic senators scoffed at the possibility that Congress would embrace Court-packing, but most Senate Democrats have refused to rule it out.

“I haven’t made a decision,” Judiciary Committee chairman Richard Durbin (D., Ill.) told National Review when asked about the Court-packing bill on …