Senate Republicans to propose constitutional amendment banning “short-package”
Senate Republicans, trying to rush Amy Coney Barrett’s confirmation ahead of Election Day to give the Supreme Court a 6-3 Tory majority, aim to introduce measures Tuesday to prevent Democrats from expanding the court for change the balance if they win in November.
The Washington Post first reported that a coalition of GOP senators, led by Ted Cruz (R-Tex.), is considering introducing two measures that would prevent Democrats from increasing the number of Supreme Court justices, which the Constitution currently allows.
One is a constitutional amendment to keep the number of Supreme Court justices at nine.
This should be approved by two-thirds of the House and Senate, and then by three-quarters of the states.
The second would prevent the Senate from considering any proposal to change the size of the court unless two-thirds of its members agree (Republicans currently have a majority in the Senate).
The general public does not promote “Wrap” the Supreme Court.
32%. The percentage of adults who support the increase in the number of Supreme Court justices, according to a Washington Post / ABC published in late September survey. A majority (57%) questioned believe that the seat of Judge Ruth Bader Ginsburg should remain open until after the presidential election.
The GOP proposal comes amid a lightning push to confirm Trump’s third Supreme Court choice Amy Coney Barrett ahead of election day, which would give the court a solid 6-3 Tory majority. Democrats backed down, calling their fellow Republicans hypocrites for ushering in a nomination so close to an election, when they blocked former President Barack Obama’s candidate Merrick Garland in 2016 for this reason. Throughout last week’s confirmation hearings, Republicans insisted Democrats would hit back by appointing more judges to stack the court in their favor.
“Make no mistake, if the Democrats win the election, they will end the filibuster and fill the Supreme Court, increasing the number of judges to advance their radical political agenda, strengthening their power for generations and destroying the foundations of our democratic system ”, Cruz said The Washington Post.
Biden, who already has denounced practice, has hesitated to define a definitive position this electoral cycle. Although Biden recently explained that he was “not a fan” of court packaging, he said during a ABC News Philadelphia City Hall that “It depends on how much they rush.”
The size of the yard has changed six times in the history of the United States, ranging from five to 10 judges. However, no president has attempted to fill the court since Franklin D. Roosevelt in 1937.
“The precedent and the dangers of judicial packaging” (The New York Times)