Congressional Republicans in both the House and the Senate are looking to stop Democrats from their power-grab of the United States Supreme Court.
Republican Congressman Mark Green proposed a constitutional amendment that would prevent his Democrat colleagues (who hold a majority in the chamber) from adding additional members to the nation’s highest court, the Washington Examiner reports.
“Green, R-Tenn., plans to introduce his legislation Thursday, and it will state that the Supreme Court ‘shall be composed of nine justices,'” the Washington Examiner reports. “It also holds that the court will be reduced to nine justices if Democrats succeed in expanding the number of seats before Green’s amendment is ratified.”
“The Congress shall have the power to enforce this article by appropriate legislation,” the amendment continued.
Green said Democrats are looking to drastically change the court to follow their ideological beliefs—to make it partisan, rather than independently judicial.
“The temptation to create a Court of super-legislators must be resisted,” Green said via the Washington Examiner. “Limiting the number of seats to the nine we have currently would help ensure the U.S. Supreme Court remains an impartial branch beholden to the Constitution and no political party.”
He also urged Speaker Nancy Pelosi, D-Calif., to back his proposal. “If Speaker Pelosi values her role, she should support this amendment and defend her branch of government,” he said.
Green’s proposal is a response to the increasing number of 2020 Democratic presidential candidates who say they are open to packing the Supreme Court in order to dilute the effect of conservative justices. Those who have said they could consider the idea include Beto O’Rourke, South Bend, Ind., mayor Pete Buttigieg, and Sens. Kamala Harris, Elizabeth Warren and Kirsten Gillibrand.
As the Hill reports, Republican Senator Marco Rubio is leading an effort in his chamber to push a similar amendment limiting the number of judges to nine.
“Court-packing is quickly becoming a litmus test for 2020 Democratic candidates as this ugly, winner-take-all rhetoric gains prominence in progressive circles,” Rubio said in a Fox News op-ed.
The Florida Senator continued: “Our nation may not be on the brink of civil war or dissolution, but we are suffering a crisis of confidence and we cannot withstand further erosion of trust in one another and our institutions. The rhetoric used by some of my Democratic colleagues that suggests our institutions are increasingly unable to resolve modern society’s conflicts is dangerous.”
“To prevent the delegitimizing of the Supreme Court, I will introduce a constitutional amendment to keep the number of seats at nine,” Rubio added.
“There is nothing magical about the number nine. It is not inherently right just because the number of seats on the Supreme Court remains unchanged since 1869. But there is something inherently good and important about preventing the further destabilization of essential institutions,” he continued.
From the Hill:
The proposal comes as several Democratic White House contenders, including a handful that are Rubio’s Senate colleagues, have expressed an openness to expanding the Supreme Court or enacting other judicial reforms, including term limits.
Both Sens. Elizabeth Warren (D-Mass.) and Kamala Harris (D-Calif.) have said expanding, or “packing,” the court should be an option on the table as part of a larger conversation among Democrats about the direction of the U.S. judicial system.
Sen. Kirsten Gillibrand (D-N.Y.) told “Pod Save America” that the idea was “interesting” and she would “need to think more about it.”