Washington: Sen. Ted Cruz and five other Senate Republicans have introduced a constitutional amendment this week to prevent Democrats from packing the Supreme Court if Joe Biden wins the White House and Democrats capture the Senate.
The proposed amendment simply states: “The Supreme Court of the United States shall be composed of nine justices.”
It would need to pass with a two-thirds super majority in both the Senate and the House and need to be ratified by three-fourths of the states, within seven years after its submission for ratification.
“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 said in a statement.
“We must take action before election day to safeguard the Supreme Court and the constitutional liberties that hang in the balance,” he added.
Some Democrats have threatened to add justices to the high court if they win the White House and control of the Senate after the Nov. 3 election.
Sen. Ed Markey called on fellow Democrats last month to “abolish the filibuster and expand the Supreme Court” if Mitch McConnell went ahead and filled late Justice Ruth Bader Ginsburg’s seat during the election year.
Senate Democratic Leader Charles Schumer isn’t ruling anything out although there doesn’t appear to be much support in the Democratic caucus for expanding the court. Joe Biden has refused to take a stand on the issue so far.
Packing the U.S. Senate
A 104-seat Upper Chamber is on the agenda if Democrats sweep the election, or so say some of the Republicans leaders.
Some Democrats are making noises to pack the Supreme Court if Amy Coney Barrett is confirmed, but they might not have the Senate votes if the chamber is closely divided. No problem: The number of seats in the Senate, as on the High Court bench, can be adjusted if Democrats have their way. In June the House for the first time passed a bill that would make the District of Columbia a state, and Barack Obama in July called Puerto Rican statehood a progressive priority.