Kamala Harris is again promising the radical wing of her party that she will pack the Supreme Court. Pete Buttigieg and others have done the same to pander to the extreme left. These calls are increasing among Democratic leaders despite a recent poll showing that the Court remains the more popular institution vis-à-vis Congress, and that the majority of Americans agree with its major decisions.
The Marquette Law School poll shows that the Court remains slightly underwater in popularity (47% favor, 53% disfavor), but it is still much more popular than Congress or the two political parties. Moreover, that popularity is increasing, not decreasing, as a result of recent decisions. It was at 44% in 2025.
The mantra to pack the Court is premised on the false claim that the Court is ideologically robotic and partisan. That claim has always been disconnected from the actual voting record of the Court. Forty-four percent of cases are decided unanimously by the Supreme Court. When nearly unanimous cases (8-1 and 7-2) are included, that figure jumps to over 60 percent.
The liberal justices themselves have pushed back on the Democratic narrative. Justices Stephen Breyer, Elena Kagan, and Sonia Sotomayor have all contradicted these claims. Justice Kagan recently spoke publicl