The Path to 13 Now Goes Through South Carolina

On August 30, 2026, 17-term U.S. Representative Jim Clyburn of South Carolina appeared on NBC's Meet the Press and was asked whether he supported expanding the Supreme Court from nine justices to 13. His response: "Yes, I do. . . . 13 is a pretty good number. A baker's dozen would be a good number to have on the Court."

His answer immediately drew national attention to Supreme Court expansion, just days before the House was scheduled to vote on a proposed constitutional amendment that would fix the Court at nine justices in the Constitution.

But what was so important about Representative Clyburn taking this position?

To answer that question, it is helpful to know that the Democratic Party just a few weeks ago selected South Carolina to lead off the DNC's 2028 presidential primary calendar. And it is also helpful to know that Clyburn is currently South Carolina's only Democratic representative and is heavily favored to return to Congress in 2027.

Clyburn Is a Game Changer

Jim Clyburn is not just an ordinary representative. He has been described as a "kingmaker" with respect to the 2020 Democratic presidential race. Clyburn endorsed Joe Biden just three days before the 2020 South Carolina primary. Three days later, Biden won over 48% of the vote, reviving a campaign that had struggled in the first three nominating contests.

At the May 3, 2024 Presidential Medal of Freedom ceremony, when Biden presented the medal to Rep. Jim Clyburn, he said:

I would not be standing here as President and making these awards were it not for Jim.

Needless to say, when Clyburn talks, people listen.

Why Now?

The timing of Clyburn's endorsement is interesting. It comes months after the Supreme Court's April 29, 2026 opinion in Louisiana v. Callais, which opened the door to racial gerrymandering throughout the South.

Indeed, a mere week after that opinion, the South Carolina House approved an amendment allowing lawmakers to return after adjournment to take up congressional redistricting. The effort was aimed at eliminating Clyburn's district and potentially turning South Carolina from a 6-1 Republican delegation to 7-0. Notably, in late May 2026, a number of Republican state senators voted with their Democratic colleagues to kill the measure, preserving, at least for now, Clyburn's district.

During that Meet the Press interview, Clyburn's reasoning for his position, while not specifically mentioning Callais, certainly addressed the issues it dealt with. His answer, in full:

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 13 is a pretty good number. 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. The 13th, 14th and 15th Amendments have been interpreted different ways over the years. And we had in the Warren Court an interpretation of those amendments that I thought would be set for the future of the country. We have now a Supreme Court that has decided to reverse course, and take this country back, I say, to those rulings of Justice Taney, that said that no Black man has any rights that the white man must respect. That was the Supreme Court that made that decision. I had hoped that Clarence Thomas would follow the modern underpinnings of that constitution of ours, but he has not done so. In fact, he's decided to go all the way from an angry leftist to a very angry rightist.^[1]

The South Carolina Primaries

Which takes us back to the South Carolina primaries.

Some may wonder why the Democratic Party selected South Carolina to lead off its 2028 presidential primary calendar. After all, the last time South Carolina voted for a Democrat for President was Jimmy Carter in 1976.

The Democratic Party's press release announcing the calendar highlights several features that help explain why South Carolina was selected to lead off, including its:

• "competitive downballot races and swing voter populations"
• contribution to "a comprehensive test with diverse groups of voters that are key to winning a general election"
• "very affordable media market, with estimated weekly ad cost that is among the lowest of any of the early states"
• compact geography, making travel "more affordable and accessible"

South Carolina's Democratic primary has long served as an important early test of presidential candidates' support among Black voters, who constitute a large share of the state's Democratic electorate. That principle was central to Biden's push to overhaul the party's 2024 calendar and give Black voters a much earlier voice, which ultimately led to South Carolina being first.

Supreme Court expansion is already showing signs of becoming an issue in Democratic primaries. At a June 17, 2026, Massachusetts 6th Congressional District Forum and Debate, the candidates were asked their positions on Supreme Court expansion. In this video (at the 1:19:24 mark), Dan Koh, who later won the Democratic primary, gave the most unequivocal pro-expansion answer: "If it were 6-3 Democrats, Donald Trump would have already expanded the Court five times over. We should expand the Court." For potential 2028 presidential candidates seeking Clyburn's support, answers to that same question may now carry greater political significance.

Will Clyburn's Endorsement of Expansion Influence His Colleagues?

In addition to his now-legendary presidential endorsement, Clyburn is an institution in the House Democratic Caucus. From 2007 through 2022, he was the third-ranking House Democrat, serving as majority whip behind Representatives Pelosi and Hoyer during periods of Democratic House control, and as assistant Democratic leader behind Pelosi and Hoyer during periods of Republican control.

When he returns to Congress in 2027, Clyburn will enter as one of the House's most senior Democrats, having served since 1993.

Clyburn's endorsement of Supreme Court expansion has now earned him a place on this list of Democratic House members who are in favor of expanding the Supreme Court. As of September 4, 2026, that makes him one of 62 current Democratic House members who have publicly supported Supreme Court expansion.

There is still a way to go before the magic number of 218 (out of 435) is reached, but Clyburn's endorsement will certainly give those Democrats who are not fully committed to expansion, but instead "open" to it, something to think about. It may also prompt Democrats who have not yet taken a position to consider one.

Notably, Supreme 13 currently identifies seven Democratic House members as against expansion, six of whom are seeking House reelection. Whatever role Supreme Court expansion played in their 2026 primaries, it could become a more significant issue in 2028. Perhaps Clyburn's influence will help change some minds.

For now, it is too soon to tell how much of an effect Clyburn's endorsement will have on his colleagues. But this week, when asked to vote to lock the number of Supreme Court justices at nine, all but one Democrat who cast a vote opposed the resolution.

In the meantime, for those of you whose representatives are not yet on this list, consider reaching out and asking them to consider supporting Supreme Court expansion. A May 2026 Marquette Law School poll found that 62% of Democrats surveyed already support expanding the Supreme Court. Clyburn's endorsement now gives supporters of expansion one of the Democratic Party's most influential voices with which to make that case—and perhaps to move both that number and the number of public endorsements in Congress higher.