Zero House Judiciary Dems Back Anti-Court-Packing Amendment

The house Judiciary Committee advanced HJR 1,a proposal to amend the Constitution so the U.S. Supreme Court would be composed of nine justices. The markup ended with the measure passing along party lines, and no House democrats on the committee supported it.

For the amendment to move forward under the Constitution’s Article V process, it would need approval by two-thirds of both chambers of Congress and ratification by three-quarters of the states-meaning additional Democratic support in the House could be necesary if Republicans do not secure the required margins.

The “Keep Nine” effort behind the legislation argues that expanding the Court would trigger a cycle of “revenge” court-packing that erodes judicial independence. The article places the committee’s action in the context of renewed Democratic rhetoric about court-packing, pointing to comments by several prominent Democrats and referencing recent Supreme Court and election-related developments discussed in that broader debate.


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The House Judiciary Committee considered a constitutional amendment proposal that would cap the U.S. Supreme Court at nine justices on Wednesday. Not a single House Democrat on the committee supported it.

The moment came during a committee markup for HJR 1, which would require SCOTUS to “be composed of nine justices.” The measure’s passage along party lines (15-8) means it now goes to the full House for consideration.

The primary method used to amend the Constitution requires that any proposed amendment receive at least two-thirds support from both chambers of Congress and three-quarters of the states in order to ratify America’s founding legal document. That means — assuming all Republicans vote in favor — a sizeable number of Democrats will need to support the amendment on the House floor for it to advance.

HJR 1 enjoyed the backing of the Keep Nine Coalition, an alliance of bipartisan former state attorneys general and grassroots organizations that has spent years spearheading the amendment’s passage. Keep Nine Coalition Director Roman Buhler said in a statement ahead of Wednesday’s vote that a “successful effort by either party to expand the size of the Court would unleash a destructive cycle of revenge Court packing that would undermine the independence of the Supreme Court we depend on to protect every one of our constitutional rights.”

“In the next few years Americans will make a choice, to preserve or to destroy the independence of our Supreme Court. That choice will have a profound impact on the future of our nation,” Buhler said.

[READ: As Dems Renew Court-Packing Scheme, Activists Push ‘Keep Nine’ Amendment To Protect SCOTUS]

The Judiciary Committee’s passage of HJR 1 comes amid renewed Democrat calls to pack the Supreme Court with left-wing activists once their party retakes trifecta control of the federal government. While largely dormant during President Trump’s return to office, the campaign saw new life following the release of the high court’s recent Louisiana v. Callais decision nuking states’ ability to partake in race-based redistricting.

House Minority Leader Hakeem Jeffries is among those to telegraph his support for packing the Supreme Court if voters give his party control of the lower chamber this fall. Speaking about the Callais decision during a recent interview, the New York Democrat said that “everything is on the table” when it comes to “deal[ing] with” a court that’s upholding the Constitution.

Former Vice President Kamala Harris, Reps. Ro Khanna, and Rashida Tlaib, and Arizona Sen. Ruben Gallego are among Democrats to throw support behind court-packing in recent weeks.




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