Wall Street Journal
OPINION
COMMENTARY
Democrats Against Court Packing
A constitutional amendment would protect the judiciary’s independence.
By Jill Long Thompson and Nick Rahall
October 28, 2020
We are Democrats. We want to see Joe Biden become president and Democratic majorities in the House and Senate. But we oppose expanding the size of the U.S. Supreme Court.
An independent Supreme Court is fundamental to America’s system of checks and balances. It’s the only institution that can settle difficult, divisive questions about the meaning of the law in a way that both sides can accept. An independent Supreme Court that interprets the law is critical to the rule of law itself. It sets an example for emerging democracies around the world.
Expanding the court could exacerbate the problems we’re trying to address. A larger court increases the risk of a highly skewed, unbalanced court. The larger the court, the longer it would take to restore a balance.
Whether members of one party have abused their power, changed their position, or broken their word in the process of filling a Supreme Court vacancy isn’t the issue. The history of misbehavior by politicians is long and sordid. It’s also a reason to preserve and strengthen checks and balances, not weaken them.
We applaud the many Democrats and Republicans who’ve opposed expanding the size of the Supreme Court. We urge them to endorse the Keep Nine constitutional amendment, which would state simply: “The Supreme Court of the United States shall be composed of nine Justices.”
Amending the Constitution isn’t easy. Proposing an amendment requires two-thirds votes in both houses of Congress, and it takes 38 state legislatures to ratify it. The Constitution has been amended only 27 times in 233 years. But an active and engaged public helped persuade Congress to propose the Bill of Rights in 1789, the 19th Amendment (guaranteeing a woman’s right to vote) in 1919, and the 22nd Amendment (setting presidential term limits) in 1947. Similar citizen energy could persuade Congress to propose the Keep Nine Amendment. Polling shows that voters favor the amendment by more than 3 to 1.
It is up to engaged citizens and thoughtful elected officials to rise above narrow partisanship and work together to preserve an independent Supreme Court for the future of the nation.
Ms. Long Thompson and Mr. Rahall, both Democrats, are former U.S. representatives from Indiana and West Virginia, respectively.
Appeared in the October 29, 2020, print edition.
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