House Majority Leader Steve Scalise on Tuesday told Fox Business News his caucus will this week be bringing up a constitutional amendment to cap the size of the Supreme Court bench at nine justices, signaling to whoever the hell it is sitting in for Maria Bartiromo and her audience that the Republican Party establishment is now taking seriously the still-theoretical threat of a dismantling of the permanently-entrenched conservative power structure’s most important and durable bulwark.
Or at least seriously enough to take the time to vote on this amendment instead of, say, a bill to help reduce Americans’ electricity bills (in the second half of the above clip Scalise said the House will be investigating the alleged Chinese propaganda campaign against data centers so maybe don’t hold your breath for a vote on the Ratepayer Protection Act). But still not really that seriously since, well, constitutional amendments are kind of hard to get passed and Scalise appears to be betting correctly that Fox Business News viewers don’t understand that. Scalise might as well be pushing it as a non-binding resolution because the practical impact on the politics involved will be the same.
Actually scratch that: A non-binding resolution would be a significantly better idea here because it will pass by a simple majority and give the GOP a rhetorical win on the issue. A constitutional amendment vote, which will fail by coming up very well short of the two-thirds required in the House and the Senate – long before it also will fail to be passed by two thirds of the state legislatures. A resolution, even if passed along party lines, could at least be sold as an affirmation of maintaining the status quo, whereas a failed two-thirds supermajority loss will not only land to the opposite effect in simple kayfabe terms, but probably even add some momentum to the already snowballing movement to abolish the filibuster and then pack the court with as many as six more liberal justices.
