Democrats: Roe v. Wade blow would fuel expanding Supreme Court

Democratic senators say if the Supreme Court strikes a blow against Roe v. Wade by upholding a Mississippi abortion law, it will fuel an effort to add justices to the court or otherwise reform it.

The Supreme Court’s conservative majority this week agreed to hear the Mississippi case, which could dramatically narrow abortion rights by allowing states to make it illegal to get an abortion after 15 weeks of pregnancy.

“It will inevitably fuel and drive an effort to expand the Supreme Court if this activist majority betrays fundamental constitutional principles,” said Sen. Richard Blumenthal (D-Conn.), a member of the Senate Judiciary Committee.  

“It’s already driving that movement,” he added.

Blumenthal said it doesn’t mean that a Congress led by Democrats would immediately be able to add justices to the court, but he suggested it would add momentum to reform efforts at a minimum.

“Chipping away at Roe v. Wade will precipitate a seismic movement to reform the Supreme Court,” he said. “It may not be expanding the Supreme Court, it may be making changes to its jurisdiction, or requiring a certain numbers of votes to strike down certain past precedents.”

No one knows for sure when the Supreme Court will hand down its decision on the Mississippi abortion law, but it is widely expected to hear arguments after it convenes in October. That could set up a decision next year.