Supreme Court nominee Amy Coney Barrett said Tuesday it is up to Congress to determine the number of justices that should sit on the high court.
“That is a question left open to Congress,” Judge Barrett said, noting the Constitution does not set a number.
But she added that the court has had nine for roughly 150 years.
The issue of court-packing has arisen with progressives pushing to add up to 15 justices on the high court to counter a conservative majority. Democratic presidential nominee Joseph R. Biden has not declared if he will support packing the court.
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