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TAKE BACK THE COURT ACTION FUND APPLAUDS SEN. ELIZABETH WARREN FOR ENDORSING COURT EXPANSION

Warren’s Endorsement Continues Rapid Momentum for Expansion Since the Court Refused to Stop Texas Abortion Ban

SAN FRANCISCO, CA (December 15, 2021) — U.S. Senator Elizabeth Warren (D-MA) is the latest member of Congress to endorse expanding the Supreme Court. “I don’t come to this conclusion lightly or because I disagree with a particular decision; I come to this conclusion because I believe the current court threatens the democratic foundations of our nation,” Sen. Warren penned in a Boston Globe op-ed. “This extremist court has shown that it is not interested in advancing the equal administration of justice. It’s time to rebalance the Supreme Court to create one that is,” she writes in closing.

“Senator Warren is exactly right: the current right-wing majority is an existential threat to our democracy, and the only reform that meets the moment is to expand the Court,” said Take Back the Court Action Fund Executive Director Sarah Lipton-Lubet. “Senator Warren is one of the fiercest advocates for progress on voting rights, consumer protection, reproductive health, climate justice, gun safety, and more — and today’s endorsement makes clear that progress on any of these issues demands we rebalance the Court. We’re grateful for Senator Warren’s support — her bold leadership will serve as a launching point for even more members of Congress to join our efforts to pass the Judiciary Act and save our democracy.”

Sen. Warren’s support of Court expansion comes within days of four independent endorsements of expansion from members of President Biden’s Commission on the Supreme Court. Today, distinguished visitor from practice at Georgetown Law Center and senior fellow at the Brennan Center for Justice Caroline Fredrickson added her name to the growing list of Commission members who have independently called for Court expansion since the panel released their final report on December 7th.

“Our two elected federal branches need to defend our democracy right now against an unelected, out-of-control Supreme Court by adding seats to it and filling those seats with qualified, mainstream justices,” Fredrickson said in a New York Daily News op-ed.

Major momentum for Court expansion:

The months since the Supreme Court allowed the Texas abortion ban to take effect have seen an unprecedented surge in momentum for Court expansion, fueled by all-time high public disapproval of the illegitimate Supreme Court.

Since September 1:

  • 4 members of the Biden Supreme Court Commission have independently endorsed Court expansion: former U.S. District Court Judge Nancy Gertner and Harvard Law School’s Laurence M. Tribe, Kermit Roosevelt III, and Caroline Fredrickson.

  • A Gallup poll found public approval of the Supreme Court at an all-time low (40%) and disapproval at an all-time high (53%), with more Americans saying the Court is too conservative than too liberal by a nearly 2-to-1 margin. An Annenberg survey found record-high support for restricting the Court from ruling on certain issues and even for abolishing the court altogether.

  • 19 more members of Congress have cosponsored the Judiciary Act. In addition to Senator Elizabeth Warren’s announcement today, these include: Senator Tina Smith (D-MN) and Representatives Bass (D-CA), Chu (D-CA), Cleaver (D-MO), Cohen (D-TN), Davis (D-IL), García (D-IL), Grijalva (D-AZ), Levin (D-MI), Meng (D-NY), Napolitano (D-CA), Norton (D-DC), Payne (D-NJ), Pingree (D-ME), Rush (D-IL), Titus (D-NV), Waters (D-CA), and Wilson (D-FL).

  • SEIU, MoveOn, Reproaction, and Clean Elections Texas joined the more than 90 organizations that have endorsed Supreme Court expansion.

  • On October 26, Take Back the Court and People’s Parity Project held a rally on the steps of the Supreme Court, featuring Senators Markey and Smith; Reps. Veronica Escobar, Mondaire Jones, and Ilhan Omar; Rev. Erica Forbes, one of the plaintiffs challenging the Texas abortion ban; and Be a Hero founder Ady Barkan. More than 26,000 people viewed the rally virtually from across the country. Video highlights of the event are available here.


Take Back the Court raises awareness about the urgent need to expand the number of seats on the Supreme Court to address the theft of the court by Senator Mitch McConnell during the Obama Administration. Without adding seats, Congress will not be able to restore the right to vote, ensure reproductive freedom, protect workers, halt our climate emergency, or pass new legislation. Court expansion, which can be accomplished without a constitutional amendment, is the only reform that enables the un-rigging of the system and the restoration of democracy. Learn more: https://www.takebackthecourt.today/