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

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

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Joe 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.

Charles C. W. Cooke

About the Author

Charles C. W. Cooke

Charles C. W. Cooke is a senior editor at National Review and the host of The Charles C. W. Cooke Podcast.

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