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The One Move That Could Expose Democratic Hypocrisy on Supreme Court Reform

AP Photo/Mariam Zuhaib

Kamala Harris has a plan for the next presidential election, and it does not involve winning more voters. Instead of better ideas or a better candidate, her plan calls for blowing up the Electoral College, packing the Supreme Court, and manufacturing two new blue states.

Speaking last Friday at the National Urban League Conference in Nashville, Harris told the crowd that Democrats need a new playbook to avoid getting accused of "cheating."

"I know this is going to be controversial coming from me in particular — we need to revisit the Electoral College," Harris said, drawing applause from an audience that apparently didn't pause to ask why the loser of an election should get to redesign the rules of the next one.

She kept going. "We need to revisit the point of expanding the court to 13 justices like we have 13 District Courts," Harris said. "We need to revisit, if they so want, statehood for Puerto Rico and D.C."

Harris wants Democrats to become "too big to rig," a phrase she borrowed straight from Donald Trump's 2024 campaign. "It means being ruthless — they are ruthless," she said of Republicans.

Then came the part where Harris tried to have it both ways. "We need to be ruthless too, and by that, I do not mean cruel. That is not our nature. By that I do not mean breaking the law. That is not what we do," she said. "But I do mean we must be uncompromising, and we must allow for a real conversation about revisiting certain things."

Ruthless, but polite about it. Got it.

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I have said countless times that Democrats will never stop trying their power grabs. Republicans might as well beat them to the punch and force Democrats on the record to explain why adding justices to the Supreme Court counts as restoring democracy rather than engineering a permanent majority.

The Electoral College is safe for now. Nixing it would require a constitutional amendment, and good luck with that. The number of justices on the Supreme Court, though, is set by Congress, not the Constitution, which makes Harris's 13-justice proposal something reasonably achievable. Joe Biden nearly tried it. The next time Democrats control the White House and Congress, they will try again.

And… according to Kamala Harris, there is a legitimate reason to set the number of justices to 13 because there are 13 federal District Courts. Okay, so let’s do it now. Right? If Democrats truly think 13 is the new magic number, Republicans should offer to help make it happen now, if only to get Democrats on record opposing it while a Republican is president. After all, setting the number of justices to the number of districts is important, right?

Make no mistake about it, ambition, not principle, explains the Democrats' enthusiasm for adding justices to the Supreme Court. It’s just a power grab, so let’s get them to admit it by opposing it when the timing isn’t politically convenient for them.

Democrats treat institutions as roadblocks only when it's convenient. They loved the filibuster when it blocked George W. Bush's judicial nominees, calling it a vital tool for the minority party. The moment Republicans used the same tool against Barack Obama's nominees, Democrats rebranded it a relic of Jim Crow and nuked it without a second thought.

In fact, I would add that Republicans should offer two bills: one to set the number of Supreme Court justices to 13, and the other to codify the number at nine. Let’s see how that plays out.

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