Federal laws already cap the court at nine members but a constitutional amendment would prevent future changes by Congress.
Republicans in the U.S. Senate proposed a new constitutional amendment on Feb. 7 that would prevent federal lawmakers from increasing the number of justices—currently set at nine—on the U.S. Supreme Court.
The new joint congressional resolution, the Keep Nine Amendment, was introduced after Democrats in the previous Congress proposed a series of measures to boost the number of justices and enforce ethics standards at the nation’s highest court. Republicans at the time criticized the legislation.
Congressional Democrats have been demanding ethics reforms in recent years as reports of justices not publicly disclosing gifts have surfaced. They have also grown increasingly incensed by Supreme Court rulings they disagree with on issues such as abortion, gun rights, affirmative action, environmental policy, and the power of the administrative state. Republicans have countered that efforts to regulate the court are unconstitutional and motivated by partisan animus.
The current limit of nine justices was established by the federal Judiciary Act of 1869. The number has not changed since then. Supreme Court justices are nominated by the sitting president and confirmation requires a simple majority vote by the Senate.
Amending the U.S. Constitution is difficult. Article V of the Constitution provides that an amendment can move forward only if it is approved by a two-thirds vote of both houses of Congress or by two-thirds of states participating in a special constitutional convention. It must then be ratified by the Legislatures of three-fourths of the states to become part of the Constitution.
The resolution states that the amendment would become effective if it is ratified “within seven years after the date of its submission for ratification.”
The Democrats’ “court-packing scheme would erase the legitimacy of the Supreme Court and destroy historic precedent,” Sen. Chuck Grassley (R-Iowa), chairman of the Senate Judiciary Committee, said in a statement.
“The Court is a co-equal branch of government, and our Keep Nine Amendment will ensure that it remains independent from political pressure.”
Co-sponsor Sen. Ted Cruz (R-Texas), said the amendment is needed to check Democrats’ “efforts to undermine the integrity of the Court.”
