Former Vice President Kamala Harris called for expanding the Supreme Court and changing the Electoral College during an interview with Keke Palmer, arguing that Democrats should pursue structural reforms if they regain control of Congress. Trump recently used this issue as a warning to Republicans, arguing that the GOP should act first or risk losing future elections. "The Dumocrats are openly stating that they plan to...EXPAND THE SUPREME COURT," he wrote in a Truth Social post in July, four months before the midterms, linking to a Politico article, which details a resolution from the Black, Hispanic and progressive caucus chairs that includes “enacting structural changes” to the court as well as other reforms.
In the podcast episode released on Tuesday, Harris also said the popular vote “has to matter” and backed pushing for statehood for Washington, D.C., and Puerto Rico if their residents want it. Harris did not outline a specific plan for changing the presidential election system. Her remarks raised two distinct possibilities: replacing the Electoral College with a nationwide popular vote, and granting statehood to D.C. and Puerto Rico.
Statehood would change their representation and electoral votes; by itself, it would not make the national popular vote determine the presidency. Newsweek has reached out to the Office of Kamala Harris outside of regular office hours for comment. The Constitution does not fix the Court’s size, so expansion could be done through legislation.
Congress has changed the court's size several times throughout U.S. history, though the Supreme Court has had nine justices since 1869. Any newly created seats would be filled by presidential nomination and Senate confirmation. This means the political effect would depend on who controls the White House and Senate when seats are created and filled.
More justices could shift the Court’s balance under a Democratic president, or a Republican one, and a future administration could seek to expand the Court again. A September Marquette Law School poll found that 53 percent of adults favored increasing the number of justices, while 47 percent opposed it. Support was sharply divided by party: 68 percent of Democrats favored expansion, compared with 35 percent of Republicans; 56 percent of independents were in favor.
Under the current system, states appoint electors, and most award all their electoral votes to the statewide winner. That allows a presidential candidate to win the Electoral College without winning the most votes nationwide. A direct popular vote would make the national vote total decisive.
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