Senate Republicans To Propose Constitutional Amendment Banning ‘Court-Packing’


Senate Republicans, attempting to hurry by the affirmation of Amy Coney Barrett earlier than Election Day to offer the Supreme Court a 6-Three conservative majority, purpose to introduce measures Tuesday to cease the Democrats from increasing the court docket to change the steadiness in the event that they win in November.

Key Facts

The Washington Post first reported coalition of GOP senators, led by Ted Cruz (R-Tex.), plans to introduce two measures that will forestall the Democrats from growing the variety of justices on the Supreme Court, which the Constitution presently permits. 

One is a constitutional modification to maintain the variety of Supreme Court justices at 9. 

This must be accepted by two-thirds of the House and Senate, after which three-fourths of states.

The second would forestall the Senate from contemplating any proposals to vary the court docket’s measurement until two-thirds of its members agree (Republicans presently have the bulk within the Senate). 

The public usually doesn’t favor “packing” the Supreme Court. 

Small Number 

32%. The proportion of adults who help growing the variety of Supreme Court justices, in accordance with a late September Washington Post/ABC ballot. A majority (57%) surveyed consider late justice Ruth Bader Ginsburg’s seat must be stored open till after the presidential election. 

Key Background 

This GOP proposal comes amid a whirlwind push to substantiate Trump’s third Supreme Court choose Amy Coney Barrett earlier than Election Day, which might give the court docket a stable 6-Three conservative majority. Democrats have pushed again, labeling their Republican colleagues as hypocritical for ushering by a nomination so near the election, once they blocked former President Barack Obama’s nominee Merrick Garland in 2016 for that cause. Throughout the affirmation hearings final week, Republicans insisted that the Democrats will retaliate by nominating extra justices to stack the court docket of their favor. 

Chief Critic

“Make no mistake, if Democrats win the election, they will end the filibuster and pack the Supreme Court, expanding the number of justices to advance their radical political agenda, entrenching their power for generations, and destroying the foundations of our democratic system,” Cruz instructed The Washington Post

Crucial Quote 

Biden, who has beforehand denounced the observe, has been hesitant to stipulate a definitive stance this election cycle. Though Biden just lately defined he’s “not a fan” of court docket packing, he stated throughout an ABC News city corridor in Philadelphia that “It depends on how much they rush this.” 

Surprising Fact 

The measurement of the court docket has modified six instances in U.S. historical past, starting from 5 to 10 justices. However, no president has tried to pack the court docket since Franklin D. Roosevelt in 1937. 

Further Reading 

“The Precedent, and Perils, of Court Packing” (The New York Times)

“Americans Support Delaying Ginsburg Replacement But Oppose Court Packing, Poll Finds” (Forbes)

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