Supreme Court Expansion Scholarship & Research

Explore legal scholarship and academic research on Supreme Court expansion, court reform, judicial power, and the history of changing the Court’s size.

Last updated August 6, 2026

The Editors of ProCon, U.S. Supreme Court: Should Packing the U.S. Supreme Court Ever Be Considered?, Encyclopædia Britannica (July 23, 2026)

Mike Kersten, Deeper Dive: Court Expansion, Democracy Under Fire (2026)

Kevin Conway, New Marquette Law School National Survey Finds 61% Think Trump Wins Almost Always or Most of the Time at the Supreme Court, Marquette Today (June 4, 2026)

Scott Bomboy, Idea of Changing the Number of Supreme Court Justices Is Hardly New, National Constitution Center (June 3, 2026)

Nicholas Grossman, Institutional Reform That Can Be Done With a Simple Majority in Congress, Liberal Currents, The Reconstruction Papers (2026)

LegalClarity Team, Can the Supreme Court Be Expanded? What It Would Take, LegalClarity Administrative and Government Law (April 1, 2026)

Jamal Greene, The Nonpartisan Case for Supreme Court Expansion, Harvard Journal of Law and Public Policy, forthcoming (last revised February 10, 2026)

Simon Zschirnt, Packing State Supreme Courts: Analyzing the Dynamics of State Supreme Court Expansion, State Politics & Policy Quarterly, Volume 25, Issue 1, pp. 44-65 (March 2025)

Joanna Lampe, Congressional Control over the Supreme Court, Congressional Research Service, Report No. R47382 (updated December 6, 2023)

Ryan Doerfler & Samuel Moyn, Democratizing the Supreme Court, 109 California Law Review 1703-1772 (2021)

Eric J. Segall & Christopher Jon Sprigman, Reducing the Power of the Supreme Court: Neither Liberal nor Conservative but Necessary (and Possible), N.Y.U. Journal of Legislation & Public Policy (October 31, 2020)

Ian Millhiser, Let’s Think About Court-Packing, Democracy Journal, No. 51 (Winter 2019)

Kurt Walters, The Supreme Court Has Been Expanded Many Times Before. Here Are Four Ways To Do It Today., Harvard Law & Policy Review (May 6, 2019)

Tracey E. George & Chris Guthrie, Remaking the United States Supreme Court in the Courts’ of Appeals Image, 58 Duke Law Journal 1439-1475 (2009)

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