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Tipsheet

House Judiciary Republicans Introduce Resolution Condemning Court Packing

Jim Lo Scalzo/Pool Photo via AP

Rep. Jim Jordan and House Judiciary Republicans submitted a resolution late Tuesday against “packing” the Supreme Court, which Democrats are calling for in the wake of Justice Ruth Bader Ginsburg’s death.

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“Any attempt to increase the number of Justices of the Supreme Court of the United States or ‘pack the court’ would undermine our democratic institutions and destroy the credibility of our nation’s highest court,” the resolution states. 

Ginsburg herself said in 2019 that President Franklin Roosevelt’s attempt to pack the court was a “bad” idea, and “if anything would make the court look partisan, it would be that.”

The resolution also highlighted threats from Democratic lawmakers—Rep. Jerry Nadler, Sen. Ed Markey, Sen. Chuck Schumer, and Rep. Joe Kennedy—about expanding the Supreme Court.

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“[T]he House of Representatives condemns and opposes any attempt to increase the number of Justice of the Supreme Court of the United States or otherwise ‘pack the court,’ the resolution concludes.

While there are no limits to the number of justices that can serve on the high court, for the last 151 years, nine have sat on the bench, Jordan reminded. 

President Trump will announce his Supreme Court pick on Saturday and Senate Majority Leader Mitch McConnell has vowed to move forward with the nomination. Now that more Republican senators are signaling they are on board, it looks like Democratic hopes of blocking President Trump from getting a third Supreme Court justice are dashed. 

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