September 02, 2026

And Their Number Shall Be Nine

imothy Birdnow

Mike "Not so Tiny after all" Johnson has scheduled a vote on a Constitutional Amendment to lock the Supreme Court in at Nine Justices and ONLY nine Justices.


He skipped regular procedure to avoid letting the bill languish in committee and force a vote. It will require two thirds to pass the House and then will unquestionably die in the Senate but it puts the Democrats on record - and the RINO Republicans.

The Supreme Court has had nine members since 1869 (the GOP shrank the court when Johnson was President to avoid him getting Justices who would side with him). Frankensteinevelt tried to pack the Court but SCOTUS prevented him, as it was in violation of the 1869 Judiciary Act.

The number is not set by the Constitution - that is the authority of Congress.

I wish that Johnson would tack on an amendment giving the Supreme Court enforcement mechanisms for the lower courts as we see lower courts regularly flipping them the bird. And I also wish there was a mechanism for removing Justices who have languished too long or are simply stupid (hear that K Brown Jackson). Maybe a retention vote, as in many states?

But that would muddy the waters and politically Johnson would be right to just concentrate on locking in the Nine.

This has zero chance of success, methinks, but who knows? It's still a politically astute move.

Posted by: Timothy Birdnow at 09:40 AM | No Comments | Add Comment
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