The 28th amendment to the United States Constitution: The case for expanding the Supreme Court of the United States
The Supreme court of the United States (SCOTUS) has a total of 9 justices nominated by the president and confirmed by the senate. As of 2026, there are 6 justices chosen by republican presidents and 3 justices chosen by democratic presidents on the bench. The idea of expanding the highest court of the nation has profoundly positive effects for the constitutional purpose of checks and balances, and the ability to give private persons the right to fair trials. Expanding the court to 13 justices allows for more diverse perspectives on federal and state laws and to avoid an imbalance of political parties in the judiciary. However, while critics are suggesting that placing more seats favors one specific political party when they take control of congress, federal judiciary seats are not temporary, the purpose for the ‘appointed for life’ clause protects them from partisan retaliation and keeps each political party intact.
For example, Bush v. Gore (2000) was a 5-4 decision that barred Florida from recounting the votes after George W Bush was projected to win the state claiming it violated a federal deadline. Effectively placing Bush as the 43rd POTUS. Due to this narrow ruling, it allowed the 537 voter gap of Florida to choose the future commander in chief. By packing the supreme court, it allows for a larger democracy from the judiciary to the people of the nation, and not allow a small minority to judge an entire territory's power.
While some critics might say that expanding the number of justices in the court would manipulate a political party’s balance by adding about 8 justices, the true purpose of the amendment is to create a proper balance of the court that does not disfavor people from different ideologies, A federal judge in the united states holds a lifetime term. In a president’s 4 year term, they would have a maximum of 2 justices a term so they do not control a court to their values onlyTherefore, expanding the court breaks a corrupt court favoring congressional or executive pressure by allowing an independent court of law to unite and side on what’s right for the needs of the people.
Finally, a solution to what the 28th amendment has is when an influential justice recuses himself to avoid a deeply divided case, there would be more justices willing to step up to avoid any even tie of any ruling, it would represent a consensus more than a 9 justice court. The structural goal of 13 justices is to allow a newer, modern and impartial court that could have better ethics than lifelong far right/left judges that end up making the court compromised.
