Democrats flip House and Senate seats, reviving Supreme Court expansion debate
Democrats' midterm gains have renewed calls to expand the Supreme Court, while a Social Security funding shortfall looms as a second major fight for the incoming Congress.
Democrats won control of the House in the midterm elections, and the results have revived a debate over the future of the Supreme Court. Democrats captured 254 House seats, well above the 218 needed for a majority, while Republicans fell to about 157 seats with 24 races still uncalled. In the Senate, Democrats flipped at least seven seats, bringing their total to 54 to 44.
Some of the Democratic gains came in Republican strongholds, including Kansas, Texas, Iowa, South Carolina and Ohio. Commentator John Yoo, writing in Fox News, argues that the party's push to change the Court is the real target of the new majority. The Supreme Court currently has a 6-3 conservative majority, with three justices appointed by President Trump and three by President George W. Bush. That majority has delivered decisions including the reversal of Roe v. Wade and a ruling on the Second Amendment.
Democratic leaders have voiced support for expanding the Court from nine justices to 13. Representatives Jerrold Nadler and Adam Schiff have introduced court-expansion bills, and Kamala Harris and Alexandria Ocasio-Cortez have reportedly backed the idea. Yoo predicts that President Trump would veto any such bill, and he expects the push to return if Democrats win a trifecta in the 2028 election.
The question of Court vacancies is central to the argument. Justices Clarence Thomas, 78, and Samuel Alito, 76, are among the oldest members of the bench, and the average retirement age for justices is about 79.8. Yoo says he does not expect a conservative retirement before 2028. He also points to the 2016 precedent, when Senate Majority Leader Mitch McConnell blocked a vote on a Scalia vacancy in an election year. Democrats are favored to win the 2028 presidency, since the incumbent party in the White House has usually lost ground in such contests.
Social Security is emerging as a second major issue for the incoming Congress. Trustees project that the retirement trust fund could become insolvent around late 2032, which would trigger automatic benefit cuts affecting tens of millions of recipients. About 71 million Americans currently receive monthly Social Security benefits.
Senator Bernie Sanders is expected to chair the Senate Social Security subcommittee when the new Congress convenes in January. He proposes expanding benefits and removing the cap on taxable earnings. His earlier plan, which he called the “Bernie Bump,” would have added about $200 a month to benefits. Earnings above $192,300 in 2027 are not subject to Social Security tax, and a financial planner quoted in the reporting considers a phased increase in the cap toward $500,000 more likely than full removal.
Any major change would face significant hurdles. Passage in the Senate would generally require 60 votes to overcome a filibuster, and any bill would still need the president's signature. The 2027 cost-of-living adjustment has been set at 3.6 percent.
Source: foxnews.com
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