Will Kamala Harris Expand the Supreme Court if She Wins Presidency?

The question of whether Kamala Harris will expand the Supreme Court is one that has garnered significant attention in recent political discussions. Critics argue that she could try to do so, while supporters believe it would not happen given the constitutional and procedural barriers. Let's delve into the facts and concerns surrounding this issue.

Understanding Presidential Powers and the Supreme Court

First, it is important to clarify that the president does not have the authority to directly expand the Supreme Court. The U.S. Constitution does not grant such power to the president, nor does it provide a mechanism for direct presidential action in this regard.

For the Supreme Court to have more justices, a statutory change would need to be enacted by Congress. Specifically, both the House and the Senate would need to pass a bill to alter the number of justices. Even after this step, the president would still have the option to veto the bill. However, a supermajority (2/3) in both chambers could override a presidential veto. So, while the president cannot unilaterally expand the court, they can play a role in the legislative process.

Kamala Harris's Stance and Possible Actions

Supporters argue that Kamala Harris might attempt to expand the Supreme Court as part of her legislative agenda for a more progressive judiciary. Some of the arguments in favor of this belief include:

If the Democrats take control of both the House and Senate, a bill to expand the court could theoretically pass. Harris is a proponent of judicial reform and expanding the court could align with her progressive agenda. Expanding the court could help solidify the liberal tilt seen in recent Supreme Court decisions.

Opponents, on the other hand, are skeptical of the likelihood of success given the procedural challenges and potential backlash. Criticisms include:

The Republicans currently hold a significant number of seats in the Senate, and there is no guarantee that a Democratic majority will remain. The Constitution and judicial system have long traditions against jarring changes such as court expansion, which could diminish public trust in the legal system. Potential long-term instability might arise from a court that is seen as politically manipulated, leading to further polarization.

Fears and Concerns

Some critics express fears that Kamala Harris might take extreme measures to achieve her goals if given the opportunity. These include:

Removing Republican justices and remaking the court with new appointees. Labeling Republicans as illegal aliens and deporting them to undermine the opposition. Declaring herself president for life, again, aligning with the irrational beliefs often espoused by Donald Trump.

These scenarios are largely speculative and not supported by current political realities or legal precedents. Legislative actions, even if they become politically feasible, must adhere to constitutional guidelines and public opinion.

Conclusion

While the idea of expanding the Supreme Court under a Kamala Harris presidency may seem like a powerful tool, the practical implementation of such a plan is fraught with obstacles. The current political landscape, constitutional constraints, and historical precedents suggest that a significant shift in the Supreme Court may not be as easy as some argue.

It is more likely that Harris would attempt to influence the Supreme Court through her legislative and administrative powers, but the extent to which she can succeed will depend on the political climate and the party control of Congress.

Stay tuned for updates and analysis as the political landscape continues to evolve.