In a Thursday op-ed in the Carolina Journal, Mitch Kokai, the communications director at the conservative John Locke Foundation, wrote that such a move could reverse the results of the 2016 judicial elections in North Carolina.
"State lawmakers could vote to expand North Carolina’s Supreme Court by up to two additional members, according to the N.C. Constitution. There’s been speculation about such a move in the wake of challenger Mike Morgan’s victory over incumbent Bob Edmunds in this week’s state Supreme Court election," Kokai wrote. "Observers have asked whether the N.C. General Assembly could expand the number of justices to blunt the election’s impact. The answer is yes."
Indeed, legislators in North Carolina could vote to add two justices to the state's highest court, allowing the governor to appoint justices to fill the seats, as the News and Observer noted. Those justices would not be up for re-election until 2018.
Republicans would have limited time in which to add the seats since McCrory appears poised to leave office in January.
The Winston-Salem Journal reported on Friday that Republican lawmakers were considering adding the two seats, citing an unnamed state legislator and an unnamed lawyer who received an "email to the legal community from an individual who had heard" that lawmakers were considering the move. And the Indy Week also reported that Republican lawmakers were thinking about adding justices to the court, citing a Democratic legislative staffer.
But Republican state Rep. David Lewis, chair of the House Rules Committee, denied to the News and Observer that Republicans were considering the move.
"We have not talked about anything of that nature," he said.
Republican state Sen. Jeff Tarte also dismissed reports that Republicans are looking into adding seats to the Supreme Court.
"That’s one of the stupidest ideas I’ve ever heard of," he told Charlotte television station WSOC. "I mean, we’ve got to quit doing stupid party politics when people are going in or going out of office."