Pass the 28th Amendment: The Case for Codifying a Nine-Justice Supreme Court

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The states should step in and take the option of court-packing off the table forever.

NRPLUS MEMBER ARTICLE J oe Biden refuses to say whether he hopes to end a century-and-a-half long political settlement and “pack” the Supreme Court with judges upon whom his administration would invariably be able to rely. The Constitution of the United States should answer his question for him.

A proposed 28th Amendment reads: “The Supreme Court of the United States shall be composed of nine Justices.” If ratified, these 13 words would put the case to bed for good.

Such a provision would be equivalent in form and intent to the 22nd Amendment, which was introduced in 1947 and approved in 1951. In effect, the 22nd Amendment

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