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“Keep Nine” takes on court packing

By M.D. Kittle

MADISON — Liberal Justice Stephen Breyer’s retirement gives President Joe Biden his first opportunity to appoint a far left U.S. Supreme Court justice to a court controlled by conservatives. And, in keeping with his race-centric policies, Biden promises his nominee to the high court will be a black woman.

But swapping one liberal with another isn’t good enough for the radical base that controls the modern-day Democratic Party. Liberals want to pack the court through a judicial junta led by their empty vessel of a president.

“Justice Breyer’s retirement announcement today solves nothing…Replacing Breyer with one justice preserves a broken status quo and enshrines minority rule. Replacing Breyer with 5 justices is how we save democracy,” tweeted Take Back the Court Foundation.

The liberal group is hellbent on using Democrat control of the executive and legislative branches to “nullify Republican Supreme Court appointments,” which presently control the court 6-3.

U.S. Sen. Elizabeth Warren (D-Mass.) is among the latest Dems to push for court packing, endorsing a proposal to expanded the Supreme Court to 13 justices. “(S)urely a coincidence that such a plan would give Democrats seven appointees to Republicans’ six,” notes a recent opinion piece in Politico.

So the timing couldn’t be better for an amendment to the constitution capping the number of U.S. Supreme Court justices at nine members, according to the authors of a state resolution on the subject. The measure, authored by state Sen. Julian Bradley (R-Franklin) and state Rep. Tony Kurtz (R-Wonewoc), calls for a constitutional convention to get the proposed amendment rolling.

The resolution narrowly passed the Senate this week. It now moves to the Assembly. It does not need the approval of liberal Gov. Tony Evers. It would take 34 state legislatures to sign on before a constitutional convention could be called.

“As activist liberals in Congress debate packing the court, we must take action to protect the Supreme Court from radical activism,” Bradley said. “Amending the U.S. Constitution to keep the number of Supreme Court justices at nine will protect the court against politically motivated attempts to reshape it.”

Wisconsin isn’t alone. The “Keep Nine amendment” is a national movement.

“The Supreme Court of the United States shall be composed of nine Justices,” the short and simple text states. The amendment would keep the court as it has been for more than 150 years.

“That norm survived an effort by Franklin D. Roosevelt to expand the Court for political purposes, an effort that was rejected as resoundingly as any proposal by a highly popular president has ever been rejected by his own party. Congressional Democrats were right to reject it in 1937, and to warn future generations — as they did — never to try the same thing again. Their judgment deserves to be enshrined in our Constitution,” Dan McLaughlin wrote last year in National Review.

U.S. Rep. Mike Gallagher (R-Allouez) introduced an amendment last year that would prevent court packing.

Bradley, Kurtz and state Sen. Eric Wimberger (R-Green Bay) started the Wisconsin effort last year as Biden and congressional Democrats appeared to be moving forward on a plan to takeover the high court. They wanted a constitutional convention to put states in control of the amendment process.

“There is no compelling reason to change the number of justices on the Supreme Court and a change of that magnitude should require broad consensus,” the resolution states. “Currently, the number of justices is set in federal law, meaning it can be changed by an act of Congress. We believe a change this important to our federal courts should only be considered if there is broad bipartisan support. By amending the federal Constitution to set the size of the Supreme Court at nine Justices, we can protect our country and judicial branch against opportunistic political actors.”

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