Republican Attorneys General Prepare to Launch Legal Counterattack to Democrats’ Court-Packing Scheme

AP Photo/Patrick Semansky, File

Democrats in Congress seem hell-bent on packing the Supreme Court. Indeed, they have been calling for such a move since the 2020 campaign. Their cries for more justices were motivated by the fact that President Donald Trump appointed three judges to the highest court in the land who were not left-wing activists intent on using the bench to impose a hard-left agenda in spite of the Constitution.


But it appears that those who are serious about changing the makeup of the Supreme Court to suit their interests will not do so unopposed. Breitbart News published a report noting that GOP attorneys general plan to challenge any attempt to alter the court using the legal system.

Several attorneys general told Breitbart News that they disapproved of the court-packing bill that Reps. Jerry Nadler (D-NY), Sen. Ed Markey (D-MA), and others introduced last Thursday.

Alabama attorney general Steve Marshall said, “This is an effort for the Democrats to try to add numbers to the Court to be able to validate the most liberal agenda that we’ve seen out of Congress in clearly my lifetime.” Missouri AG Eric Schmitt referred to the bill as “a total affront to our Republic” and “counterintuitive to the Founders’ vision.”

Ohio’s top law official Dave Yost pointed out that the Democrats’ proposal, which would add four seats to the Supreme Court, has no limit to the number of justices that could be appointed later on.

“We go from nine to 13,” he said. “What do we do when the Republicans get it? We’ll go to 17? And we just keep going back and forth until the Supreme Court’s bigger than Congress? It’s an insane battle to start.”

Rep. Nadler claims 13 justices is an appropriate number because it matches the number of U.S. circuit courts.

“Nine justices may have made sense in the nineteenth century when there were only nine circuits. … But the logic behind having only nine justices is much weaker today, when there are 13 circuits,” Nadler said in a statement released to the media. “Thirteen justices for thirteen circuits is a sensible progression.”


There are several avenues through which these Republican officials intend to fight against the Democrats’ efforts to skew the courts in their favor. Some have expressed support for the Keep Nine amendment, which would solidify a nine-justice limit on the Supreme Court.

“There is also a parallel effort, for a different purpose, to be able to look at this Keep Nine amendment to be able to establish within the Constitution itself that nine is the appropriate number moving forward so that we’re not continuing to deal with this question by Democrats year after year, but instead would put it as part of our Constitution,” Marshall told Breitbart News.

While he acknowledged that this amendment would likely not come to fruition while Democrats hold the legislature, he indicated that it could become a reality when Republicans win back the House and Senate. “The reality is that we don’t have a Congress that would probably be receptive to that right now, but 2022 is coming very soon,” he said.

Yost and Arkansas attorney general Leslie Rutledge also expressed support for the idea. “That’s absolutely something that I believe we need to look at to ensure the integrity of our rule of law,” Rutledge said.

Several other AGs stated that they would also oppose any attempt to expand the number of justices on the Supreme Court. Texas AG Ken Paxton slammed the proposal, referring to it as “a naked left-wing power-grab.”

But this is not the only instance over which these GOP officials have vowed to use the courts to challenge the Democrats’ agenda. They also declared their intentions to bring lawsuits against the Biden administration to push back against the sweeping executive orders he issues shortly after taking office. (See: Republican Attorneys General Planning to Mount Legal Challenges to Biden Agenda)


Marshall told Breitbart News that they would “continue to, as it relates to every executive order the president signs, along with legislation that’s coming from Congress … evaluate whether or not there are legal mechanisms to be able to challenge what are unlawful efforts.”

If these Republican officials mean what they say, it would be a refreshing departure from the GOP’s usual modus operandi, which typically involves them flapping their gums while not actually taking action to oppose the left’s ridiculous ideas. Perhaps times have changed and conservative politicians are willing to take a principled stand. One can only hope, right?



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