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. Read more…

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