Clyburn Backs Adding Four Justices to Supreme Court

Clyburn Backs Adding Four Justices to Supreme Court

The News

South Carolina Democrat Jim Clyburn called Sunday for expanding the Supreme Court from nine justices to 13, saying Congress must act against a court he accused of turning the clock back on civil rights.

"I think we are in a position now that calls for some significant actions taken by the Congress and we ought to expand, and 13 is a pretty good number," Clyburn said on NBC's "Meet the Press." "A baker's dozen, it would be a good number to have on the court."

He also said he no longer stands behind his 1991 support for Justice Clarence Thomas, whom he once called "my good friend."

Timeline

1857

Chief Justice Roger Taney writes the majority opinion in Dred Scott — the ruling Clyburn invoked Sunday, saying the current court "has decided to reverse course and take this country back to those rulings of Justice Taney."

1991

Clyburn backs Clarence Thomas's confirmation and publicly vouches for him.

2021

Sen. Elizabeth Warren argues for expanding the court in a Boston Globe op-ed, writing that she did not "come to this conclusion lightly" and that the "current court threatens the democratic foundations of our nation," according to The Hill.

2024

After his failed reelection bid, President Biden — who had long resisted changing the court's size — calls instead for term limits, a binding ethics code and a constitutional amendment aimed at the justices' presidential immunity ruling.

Aug. 30, 2026

Host Kristen Welker asks Clyburn whether he agrees with former Vice President Kamala Harris's call for court expansion. "Yes, I do," he answers.

Reactions

Clyburn was blunt about Thomas, saying he had hoped the justice "would follow the modern underpinnings of that Constitution of ours, but he has not done so." He added that Thomas "decided to go all the way from an angry leftist to a very angry rightist," and said he "absolutely" does not stand by the case he made for putting Thomas on the court. "I had no idea that Clarence Thomas would rebel, the way he has, against his own background and experiences," he said.

Conservative outlets zeroed in on that. PJ Media's Matt Margolis headlined his piece "James Clyburn Basically Says Clarence Thomas 'Ain't Black,'" casting the remarks as an attack on Thomas's racial identity. The Washington Examiner framed the interview as Clyburn ruing his old defense of the justice.

On the left, Talking Points Memo treated the comments as a milestone — "Clyburn: Let's Add Four" — noting that a lawmaker of Clyburn's standing publicly committing to expansion is what a durable reform coalition would need.

Republicans have long rejected the idea outright, accusing Democrats of trying to pack the court.

What's Next

Nothing moves in this Congress. Democratic lawmakers including Sen. Ed Markey of Massachusetts have introduced court-expansion legislation before without success, and any change to the court's size would require passing both chambers and a presidential signature — a trifecta Democrats do not have.

The open questions are how many other Democrats will say out loud what Clyburn said Sunday, and whether expansion becomes a stated party position heading into the midterms and 2028.

More

The number 13 is not arbitrary: it matches the number of federal judicial circuits, a symmetry expansion advocates have cited for years. Thomas was nominated by President George H.W. Bush and confirmed in 1991, with Clyburn among his backers at the time.

One note on the record: The Hill identifies Clyburn as a senator from South Carolina, while the Washington Examiner and Talking Points Memo identify him as a representative. The Frank is flagging the discrepancy rather than picking one.

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