“They want to go to 21 Supreme Court judges, that's their perfect number. They talk about 13, but they want to go to...21 Supreme Court judges.”

In answer to a question from Breitbart News, Washington

Every Democratic proposal on record names 13, not 21. The Judiciary Act bill, S. 1616, would allow 12 associate justices, a court of 13. Reporting on the party's position records a 2021 bill by four Democrats envisaging a 13-justice court and a May 2026 bill by Representative Al Green to increase the number to 13. No opened source records any Democratic proposal or position for 21.

Democrats did decline to rule expansion out, and that is the claim's best defence. In September 2026 the House voted 212 to 206 against a Republican constitutional amendment to fix the court at nine, with all but one Democrat opposing it, amid growing openness in the party to adding four seats. The number named in that debate was again 13: Representative James Clyburn called a baker's dozen a good number to have on the court.