House of Representatives ·
Proposing an Amendment to the Constitution of the United States to Require That the Supreme Court of the United States Be Composed of Nine Justices
“I want to pass this constitutional amendment to keep the Supreme Court at nine justices. Democrats oppose it because they want to add more justices to make the Court more liberal. The Court has had nine justices for over 150 years. Even liberal justices like Ruth Bader Ginsburg and Stephen Breyer warned against packing the Court. If we start adding seats for political reasons, each party will keep adding more whenever they are in power. Fixing the number at nine protects the Court.”
“Mr. Speaker, I yield myself the balance of my time. Mr. Speaker, I appreciate the consternation my colleague across the aisle has when he says that he hasn’t found any arguments persuasive. Let me tell you something: He would never find any of these arguments persuasive because he wants to pack the Court. His very argument is that if you pass a constitutional amendment, you can never change the Constitution. It is absolutely one of the most specious arguments I have heard because if you amend the Constitution, guess what. Does that mean that that amendment itself, that you have brought in, can never be amended again? No, because the system is clear, the system that he has been arguing against this entire time. The system, the Constitution itself, allows us to say to the American people: We would like to amend the Constitution. We are going to give it to you. We think this should be done. Mr. Speaker, that is really what we are talking about here. We are talking about this failure to appreciate the position that they sit in. They say that this whole thing, quite frankly, has been about Donald Trump. That is what their whole argument against this has been. Oh, they passed this immunity clause. Where did that come from? Well, maybe stare decisis. That is what they argue. That is where the Court is. Take a peek at that. Yes, go back and read it. You will enjoy it. Here is the deal. They sit right now upset over a few decisions that this Supreme Court has made. They cannot accept that you have probably three conservatives, three liberals, and three in the middle. That is where the Court sits today. An amendment freezing this at nine, first of all, doesn’t mean that you can never amend it again, but it also doesn’t mean that these are going to be the same nine in perpetuity for eternity. They want to set aside a tradition that has been in place for over 150 years. They make this argument regarding the circuits. Guess what. Those circuits have changed and changed, but oddly enough, we have kept it at nine. Instead, they want to negate and have ignored what their personnel have said for the last few years, ever since Donald J. Trump was reelected, ever since you put some new people on the Court, even though, as we take a look, they are winning cases against this administration. Yet, they say that we have to take and expand this so we can get to 13. That is what they want. Why do they want it? It is because they want to make it progressive. They want to turn the Court around. They want to change its ideological principles or what they perceive to be ideological principles. That is what they want. They want to pack the Court. That is what packing is. It is where you put a number there. That is why Stephen Breyer said and that is why Ruth Bader Ginsburg said, no, don’t do that. Justice Breyer said that if you do that and it is 13 next time, does it become 21 after that, or 50, or where does it end, because it becomes a political arms race at the Supreme Court. We are saying not to get into a political arms race. Let’s make it permanently nine. Let’s give it to the voters. That is a rational thing. It will never be persuasive to these folks, and that is too bad because guess what. This has been comfortable. The Biden administration was comfortable with nine. This particular provision was proposed in the 116th Congress, in the 118th Congress, and now again in the 119th Congress. It didn’t matter whether there was a Republican or a Democrat in the White House. What it meant was let’s make sure the Supreme Court is protected from those who want to change it ideologically. That is where they are. That is why everyone should be supporting this particular amendment. Mr. Speaker, I yield back the balance of my time. The SPEAKER pro tempore (Mr. Newhouse). The question is on the motion offered by the gentleman from Arizona (Mr. Biggs) that the House suspend the rules and pass the joint resolution, H.J. Res. 1. The question was taken.”
Mr. Speaker, I yield myself the balance of my time. Mr. Speaker, I appreciate the consternation my colleague across the aisle has when he says that he hasn’t found any arguments persuasive. Let me tell you something: He would never find any of these arguments persuasive because he wants to pack the Court. His very argument is that if you pass a constitutional amendment, you can never change the Constitution. It is absolutely one of the most specious arguments I have heard because if you amend the Constitution, guess what. Does that mean that that amendment itself, that you have brought in, can never be amended again? No, because the system is clear, the system that he has been arguing against this entire time. The system, the Constitution itself, allows us to say to the American people: We would like to amend the Constitution. We are going to give it to you. We think this should be done. Mr. Speaker, that is really what we are talking about here. We are talking about this failure to appreciate the position that they sit in. They say that this whole thing, quite frankly, has been about Donald Trump. That is what their whole argument against this has been. Oh, they passed this immunity clause. Where did that come from? Well, maybe stare decisis. That is what they argue. That is where the Court is. Take a peek at that. Yes, go back and read it. You will enjoy it. Here is the deal. They sit right now upset over a few decisions that this Supreme Court has made. They cannot accept that you have probably three conservatives, three liberals, and three in the middle. That is where the Court sits today. An amendment freezing this at nine, first of all, doesn’t mean that you can never amend it again, but it also doesn’t mean that these are going to be the same nine in perpetuity for eternity. They want to set aside a tradition that has been in place for over 150 years. They make this argument regarding the circuits. Guess what. Those circuits have changed and changed, but oddly enough, we have kept it at nine. Instead, they want to negate and have ignored what their personnel have said for the last few years, ever since Donald J. Trump was reelected, ever since you put some new people on the Court, even though, as we take a look, they are winning cases against this administration. Yet, they say that we have to take and expand this so we can get to 13. That is what they want. Why do they want it? It is because they want to make it progressive. They want to turn the Court around. They want to change its ideological principles or what they perceive to be ideological principles. That is what they want. They want to pack the Court. That is what packing is. It is where you put a number there. That is why Stephen Breyer said and that is why Ruth Bader Ginsburg said, no, don’t do that. Justice Breyer said that if you do that and it is 13 next time, does it become 21 after that, or 50, or where does it end, because it becomes a political arms race at the Supreme Court. We are saying not to get into a political arms race. Let’s make it permanently nine. Let’s give it to the voters. That is a rational thing. It will never be persuasive to these folks, and that is too bad because guess what. This has been comfortable. The Biden administration was comfortable with nine. This particular provision was proposed in the 116th Congress, in the 118th Congress, and now again in the 119th Congress. It didn’t matter whether there was a Republican or a Democrat in the White House. What it meant was let’s make sure the Supreme Court is protected from those who want to change it ideologically. That is where they are. That is why everyone should be supporting this particular amendment. Mr. Speaker, I yield back the balance of my time. The SPEAKER pro tempore (Mr. Newhouse). The question is on the motion offered by the gentleman from Arizona (Mr. Biggs) that the House suspend the rules and pass the joint resolution, H.J. Res. 1. The question was taken.