Efforts To Limit U.S. Supreme Court To 9 Justices Increase

With the recent death of U.S. Supreme Court Justice Ruth Bader Ginsburg, and the potential seating of a new, conservative judge to replace her, some Democrat lawmakers are interested in expanding the court in an effort to keep balance between conservative and liberal judges.

Former U.S. Rep. Nick Rahall, a Democrat who represented West Virginia for almost four decades, has joined a new bipartisan group called Keep Nine. They want an amendment to the U.S. Constitution that will prohibit expanding the number of justices on the high court.

Eric Douglas spoke with him to find out why.

This interview has been lightly edited for clarity.

Douglas: With the passing of U.S. Supreme Court Justice Ruth Bader Ginsburg, there have been rumblings about adding as many as four additional justices to the Supreme Court. Is that the situation as you understand it?

Former Representative Nick Rahall, D, WV

Rahall: That’s correct, and that’s what I think is most dangerous.

Douglas: The US Constitution actually doesn’t say how many Supreme Court Justices we are supposed to have.

Rahall: No, it does not. That’s why I support a constitutional amendment clarifying it.

Douglas: We’ve had a low of five and as many as 10 justices, but for more than 150 years there have been nine justices, so it’s a well-established system. What is your concern with what may happen?

Rahall: Well, if there’s one thing that’s almost certain in political life, it is that what goes around comes around. If Democrats today were to push forward, as some key Democrats have left open the possibility, to pass legislation expanding the size of the Supreme Court, packing the court so to speak, then it only opens the door for retaliation in the future if Republicans were to maintain or increase their control of the United States Senate. We would get in a very dangerous cycle of retaliation, that, in my opinion, destroys the independence of our United States Supreme Court. And that’s why I’m supportive of efforts to pass a constitutional amendment to keep the size of the U.S. Supreme Court at its current size of nine.

Douglas: Why did you feel it was important to become involved in this effort?

Rahall: I’ve been involved with it probably close to a year now. I happen to believe my late mentor, Sen. Robert C. Byrd, would feel very strongly the same way. He often spoke about the U.S. Supreme Court. Of course, he was considered, at one time, under Richard Nixon, as a possible nominee to the high court. He was consistently opposed to efforts to change the rules to pack the Supreme Court. I think court packing should be taken permanently off the table as a political option by either party,

Douglas: The process to get this passed would be a constitutional convention. What do you think is the likelihood of making that change, of actually creating an amendment to the Constitution and getting it ratified by the states?

Rahall: There’s no question it would be very difficult; very, very difficult. I might add, though, that just this week, the first step was taken with the introduction of a bill in the U.S. House of Representatives.

So that’s the first step. But you’re exactly right. It does take an amendment to the Constitution, which means the House has to pass it, and then it has to go to the Senate, then it has to go to the states for two- thirds approval. So it’s a very uphill battle. There’s no question about it, as any amendment to the Constitution would face, but the process started this past week.

On Sept. 24, 2020, Collin Peterson, a Democrat from the 7th District of Minnesota and Denver Riggleman, a Republican from the 5th District of Virginia, introduced House Judiciary Resolution 95.

It states: Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years after the date of its submission for ratification:

“Article — “The Supreme Court of the United States shall be composed of nine justices.”

In March 2019, U.S. Rep. Mark Green, a Republican from the 7th District of Tennessee, introduced a similar resolution.

Rahall Joins World Affairs Council

Former Democratic Congressman Nick Rahall has joined the board of directors for the World Affairs Council in Washington, D.C.

The council announced Rahall’s addition on Wednesday in a news release. The group also has added former Republican U.S. Secretary of Transportation Ray LaHood.

The nonprofit, nonpartisan group offers a variety of progra

ms and services to teach people about global issues.

Rahall represented southern West Virginia for 19 terms in the U.S. House. He lost to Republican Congressman Evan Jenkins in the 2014 general election.

Rahall will serve on the International Affairs Committee, providing guidance on public programming, including students and teachers.

Jenkins Takes Congressional Seat in Monumental Win Over Rahall

After switching parties in the spring, Evan Jenkins will now head to D.C. after pulling off what could be called a monumental upset.  

Jenkins unseats Nick Rahall from the 3rd congressional district seat after a reign that lasted 38 years. Jenkins began his political career as a member of the House in 1994 and elected to the Senate in 2002. Even though he defeated a long time member of Congress, in his victory speech Jenkins says he appreciates what Rahall did for the state.

Jenkins was initially a republican, and switched to the Democratic Party in 1993 to run for the House of Delegates. In July of 2013 he announced he was switching back to the Republican Party to run against Rahall. And that switch and subsequent win will put Jenkins on the majority side.

The victory means Rahall for the first time in almost 40 years will no longer represent southern West Virginia in Washington D.C.

Around 10 o’clock, the 19 term member of the U.S. House of Representatives spoke to supporters and reporters. He thanked his family, friends and volunteers.

The 65-year-old Rahall was first elected to congress in 1976, at the age of 27, making him one of the youngest members to serve in the U.S. House of Representatives. 

Rahall Says Ugly Ads Will Hurt Turnout; What is Amendment One?

  Congressman Nick Rahall’s race against state Sen. Evan Jenkins has been focused on the declining coal industry in southern West Virginia. Rahall’s solution: ramp up efforts to support tourism in southern West Virginia, but he also says the current environmental regulations in place are enough to protect the area’s environment from the coal industry’s practices. 

Fayette County Commissioner Matt Wender and Gary Hartley with the Boys Scouts of America discuss Amendment One, a proposed amendment to West Virginia’s Constitution that would allow the Scouts to rent out the Summit Bechtel Reserve in Glen Jean for major events without losing their property tax exemption. Wender says an amendment is far too much protection and could hurt local businesses.

Jared Hunt of the Charleston Daily Mail and Mandi Cardosi of the State Journal discuss the question of an electioneering violation by Secretary of State Natalie Tennant while early voting Wednesday.

National Drug Official Pays a Visit to Huntington

Drug and law enforcement officials were in Huntington Wednesday as the Huntington Police department outlined their fight.

The National Drug Control Policy Acting Director Michael Botticelli was in Huntington Wednesday with Congressman Nick Rahall to take a look at the efforts being made by the Huntington Police Department to fight the use and trafficking of illegal drugs. Captain Hank Dial gave an overview.

“What we had in Fairfield and Weed and Seed was were fighting open air drug markets and crack cocaine, now it has shifted to diverted pills and heroin and we did not see an increase in crime in the West End, but we did not see the decreases we saw in the rest of the city,” Dial said.

From 2008 to 2010 Huntington established a Weed and Seed program in the Fairfield area of Huntington.

Its purpose was to weed out drugs and crime and plant seeds of community action.  At the time the Weed and Seed Area in Fairfield contained only 20% of Huntington’s population, but accounted for 60% of murders, 77% of prostitution arrests and 44% of adult drug crimes. Since implementing approaches like Weed and Seed, this area has seen a reduction of 28% in violent crime and a 35% decrease in drug offenses. National Drug Control Policy Acting Director Michael Botticelli.

“One of the reasons that we came here with the congressman was to also look at the really innovative and collaborative programs that are happening here at the local level, one of the functions of our office is to set federal policy, but to also ensure that community’s like Huntington get the resources they need to be able to implement programs like this and it’s really been impressive,” Botticelli said.

Huntington police are no focusing on the West End, which Botticelli and others toured Wednesday. Police have taken lessons they’ve learned from Weed and Seed and are trying to replicate those successes here. The River to Rail program as they call their effort in the West End started in 2012 and is still on going. Huntington officials say that the drugs in those areas are coming from Columbus, Ohio and Detroit, Michigan. Botticelli said at the federal level they’re working on ways to track prescription medicine.

“One of the things that we’re looking at is state level databases that actually track prescription prescribing and one of the initiatives that we’re working on is to make sure these databases can talk and so what we want to make sure is that we’re sharing that information across state lines,” Botticelli said.

During a four month period in 2013 in the West End there were 38 arrests made, confiscation of 242 grams of heroin and more than $18,000 dollars seized. Much like the efforts during the Weed and Seed Fight, the efforts are based on law enforcement and community engagement. Congressman Nick Rahall said the efforts made in Huntington affect much of the southern part of the state, because much of the drugs come through Huntington.

“This is a major artery where they come from the Midwestern states, Michigan, Detroit and they come right down through here and sometimes Huntington isn’t there only stop and they’ll continue into southern West Virginia. Huntington is crucial in this battle against drugs in West Virginia,” Rahall said.

The tour of Huntington also took Botticelli and Rahall to the Healing Place rehabilitation facility and to Cabell Huntington Hospital’s Neonatal Intensive Care unit where addicted babies are cared for. Rahall also hosted a roundtable discussion on the topic in Beckley Wednesday night.

Lincoln Co. Awarded Federal Clean Water Grant

Lincoln County has been awarded more than a million dollars by the U.S. Department of Agriculture to extend clean water services in the county.

The rural development grant completes a multi-million dollar financial package for the Lincoln County project.

Congressman Nick Rahall’s office announced the funding yesterday and says the project will serve an additional 81 families in the Lower Mud River area.

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