Glossary

Court packing

Changing the number of Supreme Court seats so that a president and Congress can add justices sympathetic to their views.

Also called: packing the court, Supreme Court expansion

Court packing refers to increasing the number of seats on the Supreme Court, or another court, in order to change its ideological balance. The Constitution does not fix the size of the Supreme Court; Congress sets it by statute. The number has changed several times and has been nine since 1869.

The term comes from President Franklin D. Roosevelt's 1937 plan to add up to six justices, one for each sitting justice over 70, after the Court struck down New Deal programs. The plan was widely opposed, including within his own Democratic Party, and failed in Congress. The idea returned to debate among some Democrats after the confirmation of three justices nominated by President Trump, and President Biden appointed a commission in 2021 to study Court reform; it took no position on expansion.

Opponents, including most conservatives, argue that court packing would destroy judicial independence and invite endless retaliation, with each new majority adding seats. Supporters argue that the Court has become politicized and that expansion is a legitimate check. Related proposals include term limits for justices, and the Court's role in judicial review is the backdrop for the whole argument. Any expansion would require legislation, which in the Senate usually means overcoming a filibuster.

Last reviewed November 8, 2026

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Related terms

Writ of certiorari The order by which the Supreme Court agrees to review a lower court's decision, granted at the justices' discretion. Judicial review The power of courts to strike down laws and government actions that conflict with the Constitution. Separation of powers The constitutional division of government into legislative, executive and judicial branches, each with its own distinct powers. Filibuster The use of extended debate or the threat of it to delay or block Senate action, effectively requiring 60 votes for most bills.