Kamala Harris calls to expand Supreme Court, add states if Dems take Congress

Former Vice President Kamala Harris called for institutional changes to the Supreme Court and the Electoral College during an interview Tuesday, calling for more justices on the highest court in the nation.

"The work that we can do about winning back the House and the Senate is going to be on a number of things. For example, I believe that we need to expand the . We need more justices on the Supreme Court so that we can have a court that actually reinforces the spirit and principles behind the Constitution of the United States," Harris told podcast host Keke Palmer on her "Baby, This is Keke Palmer" podcast.

"I believe that we should be pushing for what is possible around changing the Electoral College. Right?

"It's about, the popular vote has to matter, right? You know, all the things that make people feel, like, overwhelmed, and does their vote matter? We have, you know, listen, if the folks there want it, we should be pushing for statehood for Puerto Rico and D.C., right? These are some of the things that are structural that we need to do, but we need to reestablish affordable child care," Harris added.

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Harris lost and the popular vote to President Donald Trump in 2024. She told Palmer she still remains undecided about a 2028 presidential run.

Y. David Scharf, chairman of Morrison Cohen LLP and head of its government strategies & controversies practice, told that Harris' proposed changes could set a "dangerous precedent."

"Kamala Harris says she wants to defend democracy, but her solution is to rewrite its rules when Democrats don't like the results. That's a dangerous precedent," he said. "Nine justices have been the number since 1869. FDR tried to pack the Supreme Court, and even his own party pushed back. Justice herself warned that expanding the court would make it look partisan.

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"The Electoral College is written into the Constitution. Eliminating it requires a constitutional amendment, not a Democratic majority in Congress. You don't get to change the referee because you don't like the calls. Harris may think this is a winning message for the Democratic base, but it's a much tougher sell to the independent and swing voters her party needs."

The former VP also spoke about the midterm elections during the interview.

"On the first Tuesday in November, the midterms are going to happen," Harris said. "And our ability to put people in Congress who will say no, when they do things like cut $1 trillion out of Medicaid will be powerful and affect people right away. 

"Our ability to put people in Congress who will say enough of the corruption, enough of ending the funding for research on issues like fibroids, which they have done under the guise of attacking DEI, can be stopped. There are things that are not only about what will be helpful, but also stopping what is harmful, that we can do right away with these midterm elections."

Her comments come days after h