Republican Sen. Ted Cruz of Texas on Wednesday reintroduced a constitutional amendment to ensure the number of justices serving on the U.S. Supreme Court remains at nine.
“The Democrats’ answer to a Supreme Court that is dedicated to upholding the rule of law and the Constitution is to pack it with liberals who will rule the way they want,” Cruz said in an emailed statement.
“The Supreme Court should be independent, not inflated by every new administration. That’s why I’ve introduced a constitutional amendment to permanently keep the number of justices at nine.”
Cruz’s proposal was first introduced in 2021 in response to Democrats suggesting they would change the size of the highest court.
The amendment is co-sponsored by Republican Sens. Roger Marshall, Kan.; Bill Hagerty, Tenn.; Mike Lee, Utah; Tom Cotton, Ark.; Chuck Grassley, Iowa; Josh Hawley, Mo.; Thom Tillis, N.C.; John Kennedy, La.; Cindy Hyde-Smith, Miss., and Mike Braun, Ind.
The president nominates Supreme Court justices subject to the approval of the Senate.
Attempts to Expand CourtThe justices' confirmations prompted some Democrats to call for expanding the court.
In 2021, Sen. Ed Markey (D-Mass.) introduced a proposal to add four justices to the court for a total of 13.
Markey’s measure failed, but the idea is still alive among some Democrat lawmakers who believe the Supreme Court ruled unjustly when it overturned the 1972 Roe v. Wade decision in June 2022.
Republican lawmakers have called on Congress to stop Democrats' attempts to sway the balance of the land's highest court.
"For years the left has been desperate to pack the court to promote their radical agenda," Hawley said in a statement. "We must ensure that we stay true to the court's founding principles, maintain the precedent of nine justices, and keep the Democrats from their brazen attempt to rig our democracy."
Since taking office, President Joe Biden has nominated one new member of the Supreme Court. Justice Ketanji Brown was confirmed by the Senate in April 2022 and took her seat two months later.
If Congress passes the resolution, it will be sent to the states for ratification.