South Carolina Rep. James Clyburn Offers His Support For Supreme Court Expansion In “Meet The Press” Interview; Expresses Regret For 1991 Support Of Confirmation Of Justice Clarence Thomas

South Carolina Rep. James Clyburn indicated his support for expanding the United States Supreme Court in a Sunday interview on Meet The Press, adding a powerful and high-profile voice to a growing chorus of Democratic activists and officeholders nationwide who believe it is time for the nation’s top court to grow its numbers.

When asked by host Kristen Welker if he agreed with what former Vice President Kamala Harris said in July at a National Urban League event in which she said that growing the court to 13 justices to match the number of federal circuit courts should be explored, Clyburn said:

“Yes I do. I think that we are in a position now that calls for some significant actions taken by the Congress and we ought to expand…and thirteen is a pretty good number”, said the longtime congressman and outspoken civil rights activist.

“A baker’s dozen would be a good number to have on the court. And I would hope we would get people on the court who will follow the constitutional underpinnings of this great nation of ours”, he said.

There are currently 9 Justices on the U.S. Supreme Court. However, the U.S. Constitution does not set a limit on the number of Supreme Court Justices who may be seated on the Court: Article III of the Constitution leaves the structure of the federal court system up to Congress.

But to change the size of the court, Congress must pass a new law (a judiciary act) and the President must sign it. The voting requirement would only demand a simple majority vote in both chambers of Congress (the House and the Senate) and the signature of the President, though overcoming a potential Republican Senate filibuster would realistically demand a 60-vote supermajority.

But many Democrats believe if that eventuality occurred, Democrats would need to consider pausing the filibuster rule–much as Republicans did when they controlled the U.S. Senate under Majority Leader Mitch McConnell: In 2017, the Republican-controlled Senate used the “nuclear option” to lower the vote threshold from 60 votes to a simple majority for Supreme Court nominees (specifically to confirm Neil Gorsuch).

Congress has changed the size of the Supreme Court multiple times in the past (ranging from 6 to 10 justices), though it has remained at 9 justices since 1869.

Many Demorats believe a pathway is there for a potential expansion, especially if a Democrat wins the White House in 2028.

The Democratic discussion about changing the numerical composition of the court has gained steam as the current ring-wing dominated Supreme Court has dropped is gavel in favor of a growing number of hard-right political positions, including the dismantling of the Civil Rights Act of 1965, the striking down of abortion rights, and its decision to grant the President near-total immunity from prosecution.

As the Court continues to make controversial decisions that most Americans see as politically driven rather than ideologically weighted, a July Gallup poll revealed that only 33% of Americans hold a positive view of the nation’s highest court–its lowest approval number in decades.

Congressman Clyburn, a former chair of the Congressional Black Caucus, was also asked by Welker if he still stood by his then-vocal support for Clarence Thomas to be confirmed amid Thomas’ controversial 1991 confirmation hearing. Rep. Clyburn offered an emphatic no.

“Absolutely not. I have made mistakes in my life, and that’s one (supporting Thomas’s confirmation) that I made,” Clyburn said.

“I had no idea that Clarence Thomas would rebel the way he has against his own background and experiences. He was raised by his grandfather and he has shown very little sensitivity to the environment his grandfather grew up in down in Pin Point Georgia”, Clyburn added.

“It was a mistake on my part”, Clyburn added, “and I own up to it.”

Justice Clarence Thomas, who reportedly in the 1960s adopted a pro-Black Militant ideology, has since become one of the most staunch and devoted proponents of the cause of right wing policies in American history.

At the same time, he has also been widely criticized on the left for voting against Affirmative Action-inspired policies that ironically paved the way for his own ascension in U.S. legal and political circles.

His 1991 confirmation hearings featured accusations from a former staffer, Anita Hill, who accused Thomas of sexual harassment. The hearings were widely televised and commented on, and sparked broad discussions about male-female interaction in the workplace and conversations about inappropriate workplace sexually-based conduct.

The Senate confirmed Clarence Thomas by a narrow 52–48 vote on October 15, 1991. A total of 48 senators (46 Democrats and 2 Republicans) voted against Thomas’ confirmation.

Despite the intense controversy and narrow margin, his opponents did not attempt a filibuster or force a cloture vote.

At the time, partisan filibusters were not used against Supreme Court nominees.

Watch Rep. Clyburn’s Full Meet The Press Interview Below: