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Jim Jordan

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Jordan to Newsmax: Keep Supreme Court at 9 Justices

House Judiciary Committee Chairman Jim Jordan, R-Ohio, told Newsmax on Friday that Democrats' proposals to add four seats to the Supreme Court are a raw bid for ideological control of the bench, and said House Republicans will force a vote on a constitutional amendment to lock the court at its current size of nine justices.

Jordan's comments on "Carl Higbie: FRONTLINE" came a day after the House Judiciary Subcommittee on Courts held a hearing titled "Court Packing: A Threat to the Supreme Court's Legitimacy" and as the Senate continues to debate a House-passed bill that would require voters to provide photo identification and proof of citizenship to take part in federal elections.

Pressed on court-expansion proposals from Democrats, Jordan argued that the choice of four new seats was not arbitrary.

"Why four? Because four is going to give them a majority," he said, predicting Democrats would push the change "if they have control" of Washington.

The Judiciary Act, sponsored by Sen. Ed Markey, D-Mass., and Rep. Jerrold Nadler, D-N.Y., would expand the court from nine to 13 justices.

Jordan said the remedy already exists in the Constitution.

"If you don't like what the court's doing, go win those races," he said, pointing to the Republican-held White House and Senate majority that allows President Donald Trump to nominate and confirm justices.

The court has been fixed at nine justices since the Judiciary Act of 1869, the last time Congress changed its size, though the number is not set by the Constitution and has ranged from five to 10 since 1789.

Jordan said House Republicans will proceed with a constitutional amendment to enshrine the nine-seat court.

"We will bring that to the floor," he said, conceding the supermajority needed to clear Congress is unlikely but framing the vote as a test for Democrats.

A standing "Keep Nine" measure has been pending in both chambers, led by Rep. Dusty Johnson, R-S.D., in the House and Sens. Ted Cruz, R-Texas, and Todd Young, R-Ind., in the Senate.

Jordan tied the court fight to a broader Democratic posture he called out of step with voters, citing opposition to voter ID laws, what the Trump administration calls "sanctuary policies," and recent funding standoffs.

The federal government was fully closed for 43 days from Oct. 1 to Nov. 12, and the Department of Homeland Security was shut down again from Feb. 14 to April 30 amid a dispute over immigration-enforcement tactics.

On the voter rolls, Jordan defended the Safeguard American Voter Eligibility Act, which the House passed 218-213 in February, requiring documentary proof of citizenship at registration and photo ID at the polls.

The bill remains stalled in the Senate, where it needs 60 votes to overcome a filibuster by Democrats.

Jordan closed with the structural argument that animated Thursday's hearing.

The Supreme Court is not supposed to be a legislative body, he said.

"It's a court, a separate and equal branch of government, interpreting the law, not making the law," Jordan said.

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