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Constitutional Amendment to Prevent Supreme Court Packing Resurfaces

Matthew Vadum January 25, 2021 Congress, Court-Packing, Politics, Shelley Moore Capito, Supreme Court, US Comments Off on Constitutional Amendment to Prevent Supreme Court Packing Resurfaces
Sen. Shelley Moore Capito (R-W.Va.) introduced legislation on Jan. 22 to amend the U.S. Constitution to limit the Supreme Court to nine justices, the numerical cap that has been in place for well over a century, in order to prevent Democrats from enlarging the court’s membership. Amending the Constitution is no easy task. The amendment bill must pass by a two-thirds supermajority in both houses of Congress and then be ratified by three-quarters of the states, or 38 of the 50 states, to become part of the Constitution. The move comes after then-President Donald Trump’s conservative constitutionalist nominee, Amy Coney Barrett, was confirmed before Election Day, replacing the liberal Ruth Bader Ginsburg, who died in September. Filling the seat quickly in an election year enraged many Democrats, given the precedent of Merrick Garland. Following the election-year death in 2016 of Justice Antonin Scalia, the then-Republican-majority Senate refused to take up …

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