Senate GOP Proposes Constitutional Amendment to Limit Size of Supreme Court

Sen. Chuck Grassley (R-Iowa) speaks as Kash Patel, President Donald Trump’s nominee for director of the FBI, testifies during his confirmation hearing before the Senate Judiciary Committee in Washington on Jan. 30, 2025. Anna Moneymaker/Getty Images

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.”

He said lawmakers on the other side of the aisle want “to use the Court to advance policy goals they can’t accomplish electorally.”

Among other co-sponsors of the amendment are Sens. John Cornyn (R-Texas), Mike Lee (R-Utah), Bill Cassidy (R-La.), Jim Banks (R-Ind.), and Deb Fischer (R-Neb.).

Several bills have been introduced in Congress in recent years to expand the court beyond nine justices.

In September 2024, Sen. Ron Wyden (D-Ore.) unveiled legislation to add six justices to the Supreme Court, raising the total number of members to 15.

“The Supreme Court is in crisis and bold solutions are necessary to restore the public trust,” Wyden said.

In May 2023, Sen. Ed Markey (D-Mass.) introduced legislation to raise the cap on justices to 13.

“Our most fundamentally held freedoms are under attack from an illegitimate, far-right United States Supreme Court,” Markey said. “And if we fail to act, it will only get worse.”

The Epoch Times reached out for comment to the Democrat minority on the Senate Judiciary Committee. No reply was received by publication time.