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

Topline

Senate Republicans, trying to rush through the confirmation of Amy Coney Barrett before Election Day to give the Supreme Court a 6-3 conservative majority, aim to introduce measures Tuesday to stop the Democrats from expanding the court to alter the balance if they win in November.

Key Facts

Small Number 

32%. The percentage of adults who support increasing the number of Supreme Court justices, according to a late September Washington Post/ABC poll. A majority (57%) surveyed believe late justice Ruth Bader Ginsburg’s seat should be kept open until after the presidential election. 

Key Background 

This GOP proposal comes amid a whirlwind push to confirm Trump’s third Supreme Court pick Amy Coney Barrett before Election Day, which would give the court a solid 6-3 conservative majority. Democrats have pushed back, labeling their Republican colleagues as hypocritical for ushering through a nomination so close to the election, when they blocked former President Barack Obama’s nominee Merrick Garland in 2016 for that reason. Throughout the confirmation hearings last week, Republicans insisted that the Democrats will retaliate by nominating more justices to stack the court in 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 told The Washington Post. 

Crucial Quote 

Biden, who has previously denounced the practice, has been hesitant to outline a definitive stance this election cycle. Though Biden recently explained he’s “not a fan” of court packing, he said during an ABC News town hall in Philadelphia that “It depends on how much they rush this.” 

Surprising Fact 

The size of the court has changed six times in U.S. history, ranging from five to 10 justices. However, no president has tried to pack the court 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)