Democrats in the House and Senate will introduce legislation Thursday to increase the number of justices on the Supreme Court from nine to thirteen, an effort at court packing that is unlikely to gain immediate support from either chamber, NBC News reports.

The move exemplified progressive frustration with Republican obstructionism, particularly the refusal of the then-Republican-led Senate to consider the nomination of Merrick Garland, President Obama’s nominee to the seat vacated with the death of Antonin Scalia in 2016.  It was further exacerbated by the rushed confirmation of Amy Coney Barrett one week before the 2020 election after Republicans hypocritically claimed that Garland couldn’t be considered because the vacancy occurred during an election.

Democratic Senator Ed Markey of Massachusetts and Democratic Congressman Jerry Nadler of New York are leading the legislation in the Senate and House, respectively.  Democratic Representatives Hank Johnson of Georgia and Mondaire Jones of New York are co-sponsoring the bill in the House. 

The bill, however, faces an upward climb.  There is not an overwhelming amount of support, even among Congressional Democrats, to pack the Supreme Court, and President Joe Biden has voiced opposition to adding more justices.  Biden has set up a 36 member commission to find ways to make the Supreme Court less political, including term limits for justices.

The introduction of the legislation could also fuel political upheaval as Republicans use the effort to rally conservative support in the midterm elections.