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Senate Republicans Introduce Constitutional Amendment to Restrict Supreme Court Size


While federal laws currently limit the U.S. Supreme Court to nine justices, a constitutional amendment could safeguard this number against any future alterations by Congress.

On February 7, Republicans in the U.S. Senate presented a proposed constitutional amendment aiming to restrict federal lawmakers from increasing the number of justices—which is presently fixed at nine—on the U.S. Supreme Court.

The amendment, known as the Keep Nine Amendment, was introduced following a series of proposals from Democrats during the previous Congress that sought to expand the number of justices and implement ethics regulations for the nation’s highest court. At that time, Republicans had criticized those legislative efforts.

In recent years, congressional Democrats have been advocating for ethics reforms as revelations emerged about justices failing to disclose gifts. Their frustration has also mounted due to Supreme Court decisions on contentious issues like abortion, gun rights, affirmative action, environmental policy, and the reach of the administrative state. Meanwhile, Republicans have argued that attempts to regulate the court are unconstitutional and driven by partisan bias.
The established limit of nine justices dates back to the federal Judiciary Act of 1869 and has remained unchanged since. Justices are nominated by the current president, and their confirmation requires a simple majority vote in the Senate.

Amending the U.S. Constitution is a challenging task. According to Article V, an amendment must receive approval from two-thirds of both congressional houses or from two-thirds of states in a special constitutional convention. Subsequently, it requires ratification by the Legislatures of three-fourths of the states to be integrated into the Constitution.

The resolution specifies that the amendment would become effective if ratified “within seven years after its submission for ratification.”
According to Sen. Chuck Grassley (R-Iowa), chairman of the Senate Judiciary Committee, the Democrats’ efforts to expand the court would “undermine the legitimacy of the Supreme Court and dismantle historic precedents.”

“The Court is a co-equal branch of government, and our Keep Nine Amendment is designed to protect its independence from political influences,” he added.

Co-sponsor Senator Ted Cruz (R-Texas) emphasized the necessity of the amendment to curb what he sees as Democrats’ attempts to compromise the Court’s integrity.

Cruz stated that the opposition aims “to manipulate the Court to achieve policy objectives that they cannot fulfill through elections.”

Other co-sponsors include Senators John Cornyn (R-Texas), Mike Lee (R-Utah), Bill Cassidy (R-La.), Jim Banks (R-Ind.), and Deb Fischer (R-Neb.).

In recent years, numerous bills have been proposed in Congress intending to enlarge the court beyond the current limit of nine justices.

In September 2024, Senator Ron Wyden (D-Ore.) introduced a bill proposing to add six justices, increasing the total to 15.

“The Supreme Court is facing a crisis, and we must implement bold solutions to regain the public’s trust,” stated Wyden.

Earlier in May 2023, Sen. Ed Markey (D-Mass.) proposed legislation to raise the number of justices to 13.

Markey declared, “Our most cherished freedoms are under siege from a far-right, illegitimate Supreme Court. If we do not act, matters will only deteriorate.”

The Epoch Times attempted to obtain a statement from the Democratic minority on the Senate Judiciary Committee but did not receive a response by the time of publication.



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