On the spring day last year the Supreme Court announced it would hear a direct challenge to Roe v. Wade, Sarah Lipton-Lubet knew immediately how the case would end: the court, stacked with six conservative Justices, would kill the right to abortion. A veteran reproductive rights advocate and lawyer who was consulting for multiple reproductive rights groups at the time, her realization was followed by another: She needed a new job. She’d spent the better part of two decades fighting for abortion access, relying on a backbone of judicial decisions that upheld reproductive rights—and on the premise of a Supreme Court that would uphold those precedents. But that wasn’t going to cut it anymore.
“Simply trying to move around the pieces on the playing field that existed was not going to treat this like the crisis that it was, the crisis that it is now.” Instead of rearranging deck chairs on the Titanic, she needed to plug the hole and right the ship. About two months later, she became executive director of Take Back the Court. This is an advocacy group that since 2018 has been leading the movement to add four justices to the Supreme Court and dethrone the conservative majority that now controls it. With the legal precedent central to her previous work now dead, Lipton-Lubet is fighting to change the make-up of the court before every other progressive priority goes the way of Roe. “I’ve never felt more hopeful about my work,” she says.
The movement to reform the Supreme Court is gaining momentum and credibility at a rapid pace in large part because of people like Lipton-Lubet—advocates for progressive causes who watched the ascension of Trump-appointed justices to ill-gotten seats on the bench and have now concluded that their life’s work can never be realized if the Supreme Court’s current conservative majority remains in power.
Staring down the court’s new term, which began last week, reform feels even more urgent. The court stands poised to allow more pollution of America’s water, to end affirmative action in college admissions, to give businesses the right to discriminate against LGBTQ people, and to green light gerrymandering schemes that disempower people of color. And that’s just the big cases in the term’s first three months. This is worse than a nightmare for the left, as SCOTUSBlog founder Tom Goldstein explained in July, because “you wake up from a nightmare and it’s over at some point.” But this court’s rulings will shape American life “for the next quarter century.”
Once considered both practically impossible and political suicide, there are now roughly 63 members of Congress who’ve sponsored legislation to expand the court, with several more behind legislation to impose term limits on the justices. Under pressure from the left, President Joe Biden summoned a commission to study Supreme Court reform, including court expansion, something inconceivable just a few years ago. On the heels of the high court’s decision to undo abortion rights this summer, advocacy groups focused on reproductive rights, LGBTQ rights, gun control, environmental issues, and climate change have all, for the first time, begun advocating for added justices.