GOP Rep Calls on Pelosi to Support His Constitutional Amendment to Stop Democrats From Packing SCOTUS

Mark Green

Rep. Mark Green (R-Tenn.) announced his intention to introduce a constitutional amendment to the House on Thursday designed to prevent the packing of the Supreme Court by limiting the number of justices to nine and called on House Speaker Nancy Pelosi (D-Calif.) to support it.

Green, who serves on the House Oversight Committee, announced the move on Tuesday, saying the “Supreme Court must remain a fair and impartial branch of government not beholden to any party.” He followed up with another tweet slamming “schemes to pack the court” as a danger “to the Founders’ vision of an independent judiciary.”

In a statement on Thursday, Green said:

“The temptation to create a Court of super-legislators must be resisted. Limiting the number of seats to the nine we have currently would help ensure the U.S. Supreme Court remain an impartial branch beholden to the Constitution and no political party.”

The Tennessee Republican also called on Pelosi to support the amendment, saying, “If Speaker Pelosi values her role, she should support this amendment and defend her branch of government.”

During a Thursday interview with Harris Faulkner on her Fox News show Outnumbered Overtime, Green called court packing “a big threat to the Constitution,” saying:

“I am a combat veteran. My oath is to defend the Constitution of the United States. And that’s what this is – a big threat to the Constitution. Court packing is simply the left’s attempt to put activist justices on the Court who will interpret the Constitution as a living document.

The sole purpose is just to advance their socialist agenda. They see government as the solution for everything and they couldn’t win at the ballot box, so they’re going to try and change the rules of the game.”

Sen. Marco Rubio (R-Fla.) also plans to introduce to the Senate version of the amendment, saying on Wednesday that “we must prevent further destabilization of essential institutions” and claiming that “[Supreme] Court packing is quickly becoming a litmus test for 2020 Democratic candidates,” as IJR Red reported.

The proposed amendment comes as a Republican response to numerous Democratic presidential primary candidates — such as Sen. Elizabeth Warren (D-Mass.), former Rep. Beto O’Rourke (D-Texas), and South Bend, Indiana, Mayor Pete Buttigieg — endorsing the idea of packing the Supreme Court.

There is no constitutional provision limiting the number of justices a sitting president can nominate to the Supreme Court. The number of justices has sat at nine since the passage of the Judiciary Act of 1869.

The last time there was an attempt to pack the highest court with justices was under former President Franklin D. Roosevelt, who was met with bipartisan congressional opposition. Then-Senator Joe Biden (D-Del.) later called it a “bonehead idea,” as IJR Red noted.

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