Packing the court

FOR IMMEDIATE RELEASE: CONTACT: Will Hadden April 7, 2021 Shirley & McVicker Public Affairs 703.739.5920 "Keep Nine" Coalition Applauds Justice Breyer's Warning Against Supreme Court Packing Washington, D.C. – Andrew Miller, the former Democratic Attorney General of Virginia and Chair of the 'Keep Nine' Coalition, today praised Supreme Court Justice Stephen Breyer's warning to those considering an increase in the number of Judges on the U.S. Supreme Court.

"Justice Breyer spoke wisely when he urged that 'those whose initial instincts may favor important structural (or other similar institutional) changes such as forms of 'court packing,' think long and hard before embodying those changes in law," said Miller.

"Breyer is absolutely correct when he said: 'The court has become able to impose a significant check--a legal check-- upon the Executive's actions in cases where the Executive strongly believes it is right," continued Miller.

"Court packing would be dangerous threat to the checks and balances that guard against the abuse of federal power. Court packing should be permanently prohibited so that no party is ever again tempted to undermine the independence of the Supreme Court," said Miller.

The bipartisan 'Keep Nine' Coalition and more than 90 Members of Congress already support the proposed 'Keep Nine' Amendment to ban Court packing permanently which in its entirety reads:

"The Supreme Court of the United States shall be composed of nine Justices."

Polling shows that voters would back the Amendment by a more than 3-1 margin.

Just as pressure from the States and the public helped persuade Congress to propose Amendments guaranteeing women the right to vote and imposing presidential term limits, similar pressure could induce Congress to propose the 'Keep Nine' Amendment.

More than 300 state legislators around the nation now support the Keep Nine Amendment, and Resolutions urging Congress to propose the Amendment have already passed in 7 state legislative chambers.

"Court packing will always be a threat if one party wins decisive control of Congress and the White House and wishes to impose its political will on the Court. This is why we need the ‘Keep Nine’ Amendment to permanently protect the independence of the Supreme Court," said Paul Summers, former Attorney General of Tennessee and Co-Chair of the Keep Nine Coalition.

"Both Democrats and Republicans will benefit from an independent Supreme Court that commands respect and can enforce the rule of law," said Stephen Rosenthal, a former Democratic Attorney General of Virginia and supporter of the 'Keep Nine' Amendment.

"Justice Breyer was right when he said 'if the public sees judges as "politicians in robes" its confidence in the courts and in the rule of law itself, can only diminish,’" continued Rosenthal.

"Court packing is never a good idea and it is not a good one now. Our bedrock system of separation of powers is essential for Democracy and we do not need to be tampering with that principle," said Rufus Edmisten, former Democratic Attorney General of North Carolina and a supporter of the Keep Nine Amendment.

Those interested in more information about the 'Keep Nine' Amendment may visit

To reach a Keep Nine spokesperson, please contact Will Hadden at whadden@sbublicaffairs.comor call 703.739.5920


Will Hadden Account Executive Shirley & McVicker Public Affairs O: 703.739.5920 C: 706.594.8199

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