JENKINS: Court packing prevention bill fails in Congress

The U.S. Supreme Court on Wednesday, Jan.19, 2022, in Washington. (AP Photo/Mariam Zuhaib)

As time goes on, it is becoming clearer that the progressive left wants to expand the size of the Supreme Court for partisan reasons.  Unhappy with the philosophical makeup of the current Supreme Court, these progressives want to expand the Court so that President Joe Biden will have four more appointments.  The checks and balances embodied in the U.S. Constitution are threatened when the Court is expanded for ideological reasons.  This is the first thing that Hugo Chavez did to become dictator of Venezuela.  The only way to permanently stop court packing is the Keep Nine Amendment, which states “The Supreme Court of the United States shall be composed of nine justices.” 

There is an update on the Keep Nine Amendment.  The Amendment is the brainchild of a bipartisan group of 15 former state attorneys general that is the only way to prevent court packing.  On July 13, 2022, a significant vote on the Keep Nine Amendment (House Joint Resolution 11) took place in the House of Representatives. Rep. Tom Cole (R-OK), the ranking Republican on the House Rules Committee moved that H.J. Res. 11 be moved to the floor for discussion in the U.S. House, but 218 Democrats voted to stop that from happening.  Every Democrat voting on the motion opposed consideration, and all 208 Republicans who voted cast a vote for consideration.  Democrats unanimously voted not to even debate the resolution for the Keep Nine Amendment.   

Given the increasing pressure to pack the Court, voters deserve to know where every Member of Congress, and every candidate for Congress, stands on what is surely one of the most important issues of our time.  Will the Supreme Court still be an independent check and balance on the abuse of authority by the Executive or Legislative branches and uphold the rule of law, or will it be subject to the political manipulation of its size by Congress?  Ask candidates if they believe the court should be packed, and if they say they do not want the court packed, ask them if they endorse the Keep Nine Amendment and if they will vote to make it part of the U.S. Constitution.   

In North Carolina, the amendment has been cosponsored by Representatives Dan Bishop, Ted Budd, Madison Cawthorn, Virginia Foxx, Richard Hudson, Patrick McHenry, Greg Murphy and David Rouzer.  Both Senator Richard Burr and Senator Thom Tillis have cosponsored the Senate version of Keep Nine Amendment (Senate Joint Resolution 9).  Among candidates for Congress, in addition to Ted Budd, Christine Villaverde (District 2), Courtney Geels (District 4), Christian Castelli (District 6), Chuck Edwards (District 11), Bo Hines (District 13) and Pat Harrigan (District 14) have endorsed the Keep Nine Amendment. 

While inflation and the economy will be on the top of the list of voters’ concerns in November, the issue of court packing and its effects on the balance of powers enshrined in the United States Constitution is also going to be a top issue.  Voters deserve to know where candidates for Congress stand.   

Martha Jenkins lives in Chapel Hill.