Turley: Shapiro Joined Democrat Push for Supreme Court Reform, Squandered Moderate Positioning
Pennsylvania Gov. Josh Shapiro drew sharp criticism from legal commentator Jonathan Turley after Shapiro called for "radical reform" of the Supreme Court during an appearance on MSNBC's "Morning Joe," with Turley arguing the governor forfeited a rare opportunity to serve as a centrist counterweight within the Democratic Party. In an op-ed, Turley placed Shapiro alongside former Vice President Kamala Harris, Transportation Secretary Pete Buttigieg, former Attorney General Eric Holder, and strategist James Carville as Democratic figures who have aligned with structural changes to the nation's highest court.
Pennsylvania Gov. Josh Shapiro drew sharp criticism from legal commentator Jonathan Turley after Shapiro called for "radical reform" of the Supreme Court during an appearance on MSNBC's "Morning Joe," with Turley arguing the governor forfeited a rare opportunity to serve as a centrist counterweight within the Democratic Party. In an op-ed, Turley placed Shapiro alongside former Vice President Kamala Harris, Transportation Secretary Pete Buttigieg, former Attorney General Eric Holder, and strategist James Carville as Democratic figures who have aligned with structural changes to the nation's highest court.
Shapiro's Remarks on the Court
On "Morning Joe," Shapiro said the country needs "radical reform that's actually going to ensure that the voices of the people are heard from, that the voices of the people are represented in the three branches of government," adding, "We don't have that right now." He called the court's recent birthright citizenship ruling something that "should have taken a nanosecond to decide and it should have been 9-0," and said too much power is flowing to the executive branch. Turley noted that Shapiro avoided explicitly calling for court packing by name, using what Turley characterized as coded language common among Democratic leaders on the issue.
Democratic Alignment Around Court Expansion
Turley cited a broadening consensus among prominent Democrats in favor of adding justices. Holder framed the effort as being about "the acquisition and the use of power if there is a Democratic trifecta in 2028." Carville went further, calling on Democrats to expand the court to 13 justices on day one of winning unified control of government — and to execute the move without campaigning on it. Turley also referenced Sen. Elizabeth Warren's earlier argument that the court had become illegitimate by ruling against "widely held public opinion."
Turley's Constitutional Case Against Reform
Turley argued the Supreme Court was designed by the Framers as a counter-majoritarian institution, meant to check popular impulse and protect minority rights — not to serve as an expression of majority will. He cited Harvard professor Michael Klarman's argument, as Turley described it, that the court would need to be neutralized in advance to allow sweeping systemic political changes to take effect. Turley also noted that the current court has ruled against President Trump on birthright citizenship and tariffs, drawing rebukes from Trump, undermining arguments that the institution lacks independence. Shapiro, who was reportedly passed over as a vice presidential candidate in part because of his Jewish faith, belonged to a party Turley described as "careening toward open anti-Semitism" — making his decision to endorse court restructuring, in Turley's view, a missed chance to anchor Democratic politics to institutional restraint.