In an effort to better understand and evaluate potential reform of the United States Supreme Court, President Joe Biden issued an executive order in April 2021 to form the Presidential Commission on the Supreme Court of the United States. The report was completed in December 2021, which stated "The Commission takes no position on the validity or strength of arguments for or against expanding the number of justices".

Composed of bi-partisan judges, advocates, and attorneys who all have experience with the court, the commission was charged with giving an in-depth analysis of the inner workings of the Supreme Court and its relationship with the United States. President Biden’s order reignited existing debate over whether or not the Supreme Court should be expanded. In response the Judiciary Act of 2021, co-sponsored by Congressional representatives Jerrold Nadler, Hank Johnson, and Mondaire Jones and Senator Ed Markey, was introduced as a way of expanding the court to 13 justices. In opposition, Senators Ted Cruze and Marco Rubio both re-introduced bills to amend the Constitution to limit the number of Justices to nine. 

The Supreme Court was first established, under Article 3 of the United States Constitution, in 1789 (Judiciary Act of 1789) with six justices originally serving. Between its inception and 1869 the number of individuals serving on the court ebbed and flowed (between five and ten) in order to accommodate Western Expansion and partisan goals. Although FDR proposed an increase to 15, the court has consistently held nine seats since 1869. 

Proponents who favor expanding the court believe that more Justices would help to restore balance and impartiality to what they consider to be a stacked system in favor of conservative leaning policy. Since the Constitution does not specifically indicate a set number of judges who can serve on the court, they believe that this measure would help to ensure that a broader representation of American values would be heard. Those who oppose expanding the court argue that adding more judges would “destroy the court”. Their chief concern centers around the idea that packing the court with appointees who represent the current administration would introduce too much potential politics in a heavily Democrat leaning system. 

With such a division in opinion and nothing to support either within the Constitution, the question remains: Should the United States expand the Supreme Court?