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In a strategic move, the House Judiciary Committee is set to consider a constitutional amendment known as the “Keep Nine” amendment this Wednesday. The proposal aims to cement the number of justices on the U.S. Supreme Court at nine, a number that has stood since 1869. This comes amid renewed attempts by some Democrats to expand the court following the Supreme Court’s recent decision in Louisiana v. Callais.
The Keep Nine Coalition, a bipartisan group, has been advocating for this amendment to safeguard the court’s independence. “We’ve survived for [nearly] 250 years with a court that has been able to say no to politicians when it really had to,” Roman Buhler, the coalition’s director, emphasized.
“WE’VE SURVIVED FOR [NEARLY] 250 YEARS WITH A COURT THAT HAS BEEN ABLE TO SAY NO TO POLITICIANS WHEN IT REALLY HAD TO,” ROMAN BUHLER SAID.
The Keep Nine Coalition’s origins trace back to 2017-2018 amid rising dissatisfaction on the left with the court’s direction. The coalition seeks to thwart any Democrat strategy to eliminate the Senate filibuster and pack the Supreme Court. The late Andrew Miller, former Virginia Attorney General, was among the early Democrat supporters, along with a coalition of state attorneys general.
Efforts to introduce the amendment in Congress were initiated by then-Rep. Collin Peterson, D-Minn., and supported by Sen. Ted Cruz, R-Texas. “The Supreme Court is an important part of our country’s system of checks and balances, and it is vital that we preserve its independence,” Peterson stated.
“THE SUPREME COURT IS AN IMPORTANT PART OF OUR COUNTRY’S SYSTEM OF CHECKS AND BALANCES, AND IT IS VITAL THAT WE PRESERVE ITS INDEPENDENCE,” PETERSON SAID.
Currently, the coalition boasts nearly 130 co-sponsors in Congress thanks to grassroots efforts from organizations like the National Federation of Republican Women. Despite this momentum, Buhler acknowledges the difficulty in securing bipartisan support, with no current Democrat co-sponsors.
Buhler cites conversations with several Democrat lawmakers who privately oppose court-packing but face party pressure. “The challenge for us is to get those members who agree that court expansion is a bad idea to go to the next step,” Buhler remarked.
Looking ahead, the coalition aims to break this impasse by encouraging a handful of Democrats to publicly oppose court expansion. This stance could potentially shift strategic calculations within the party, making the Keep Nine amendment a significant factor in future legislative discussions.
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