University of Pennsylvania professor Michael Mann has called for a litmus test for all Democratic candidates, requiring them to pledge to pack the Supreme Court, stating that "promise to pack or get the sack."
Mann, who serves as the vice provost for Climate Science, Policy, and Action, argued that supporting the expansion of the Supreme Court is essential for Democrats, particularly for those prioritizing environmental reforms. "If you care about the environment, you’ve got to vote for the Democrats now," he said in a recent podcast interview.
This demand places Supreme Court expansion as a central issue for some Democrats seeking to enact a "radical agenda" by removing perceived barriers presented by the current court structure. Figures like former Vice President Kamala Harris and former Transportation Secretary Pete Buttigieg have previously expressed support for significant changes to the court.
Legal scholar Jonathan Turley noted that this push represents a potential "hostile takeover" of the court, allowing for the enactment of measures such as wealth taxes, reparations, and stringent climate control regulations. Turley also pointed out that the court's role is to protect minority viewpoints from majority will, a function that could be undermined by a packed, partisan court.
Mann's recent remarks on Supreme Court doctrines and agency authority, specifically concerning the EPA's rule-making power, have been met with scrutiny. He incorrectly cited a conservative Supreme Court decision within the last few years as limiting the EPA's authority based on science. The Supreme Court actually overturned the Chevron Doctrine in Loper Bright Enterprises v. Raimondo in 2024, altering how courts review agency decisions rather than removing the EPA's ability to make rules based on science and law.
Mann himself has faced legal challenges, including a defamation case where he was sanctioned along with his legal team for alleged "bad-faith trial misconduct" and misrepresentations regarding his financial losses. The court ordered Mann to pay $1.1 million of his critics' legal expenses after finding the original punitive damages award to be "grossly excessive."
While Mann advocates for an open pledge to pack the court, political strategist James Carville has suggested a different approach. Carville advised Democratic candidates to expand the Supreme Court to 13 justices on day one if they win the presidency and both houses of Congress, but to do so quietly without campaigning on the issue, recognizing that public support for court packing remains low.
The calls for court packing are seen by some as an effort to make the Supreme Court a partisan institution, thereby reducing its independence and altering its constitutional function.