Senate GOP Proposes Constitutional Amendment to Limit Size of Supreme Court
Authored by Matthew Vadum via The Epoch Times
Republicans in the U.S. Senate introduced a new constitutional amendment on February 7 to prevent federal lawmakers from increasing the number of justices, currently set at nine, on the U.S. Supreme Court.
The joint congressional resolution, known as the Keep Nine Amendment, was introduced in response to previous proposals by Democrats to increase the number of justices and enforce ethics standards at the Supreme Court, which were criticized by Republicans.
Congressional Democrats have been demanding ethics reforms in recent years, citing reports of justices not disclosing gifts publicly. They have also expressed frustration over Supreme Court rulings on various issues. Republicans argue that attempts to regulate the court are unconstitutional and driven by partisan motives.
The limit of nine justices was established by the federal Judiciary Act of 1869 and has remained unchanged since then. Justices are nominated by the president and confirmed by a simple majority vote in the Senate.
The amendment process outlined in Article V of the Constitution requires approval by a two-thirds vote in Congress or by two-thirds of participating states in a constitutional convention. It must then be ratified by three-fourths of state legislatures to become part of the Constitution.
The resolution states that the amendment would take effect if ratified within seven years of submission.
Sen. Chuck Grassley (R-Iowa) warned that the Democrats’ court-packing scheme would undermine the Supreme Court’s legitimacy and historical precedent. He emphasized the importance of the Court’s independence from political pressures.
Sen. Ted Cruz (R-Texas) stressed the need for the amendment to prevent Democrats from compromising the Court’s integrity for political gain.
Other co-sponsors of the amendment include Sens. John Cornyn (R-Texas), Mike Lee (R-Utah), Bill Cassidy (R-La.), Jim Banks (R-Ind.), and Deb Fischer (R-Neb.).
Various bills have been introduced in Congress to expand the Court beyond nine justices, with Democrats proposing legislation to add more justices in recent years.
In September 2024, Sen. Ron Wyden (D-Ore.) unveiled a bill to increase the number of justices to 15, while Sen. Ed Markey (D-Mass.) introduced a bill in May 2023 to raise the cap to 13.
The Epoch Times reached out to the Democrat minority on the Senate Judiciary Committee for comment but did not receive a response.
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