Republican senators are moving to cement the Supreme Court at nine justices permanently, blocking what they call a Democratic power grab to manipulate the nation’s highest court for partisan policy wins.
Story Snapshot
- Sen. Ted Cruz reintroduces constitutional amendment to fix Supreme Court at nine justices, preventing expansion
- Thirteen Republican senators co-sponsor the measure, including Mike Lee, Josh Hawley, and John Cornyn
- Amendment requires two-thirds congressional approval and three-fourths state ratification to become law
- Republicans frame the effort as defending judicial independence against Democratic court-packing schemes
Cruz Leads Republican Push to Lock Court Size
Sen. Ted Cruz of Texas reintroduced a constitutional amendment Thursday that would permanently set the Supreme Court at nine justices, the number maintained since 1869. The measure, co-sponsored by twelve other Republican senators including Mike Lee of Utah and John Cornyn of Texas, seeks to block Democratic proposals to expand the Court by adding seats. Cruz characterized the amendment as essential protection for the Court’s role as a constitutional guardian rather than a partisan policy tool driven by electoral considerations.
Bipartisan Republican Support Signals Unity
The amendment draws backing from prominent Republican judiciary figures, including Sens. Chuck Grassley of Iowa, Tom Cotton of Arkansas, Josh Hawley of Missouri, and Marsha Blackburn of Tennessee. Lee emphasized the measure would “permanently take court-packing off the table,” while Hawley stated it would prevent Democrats from rigging democracy. Sen. Mike Crapo of Idaho noted the importance of justices upholding the rule of law rather than legislating from the bench. The roster of co-sponsors reflects broad conservative consensus that the Court’s current structure requires constitutional protection against partisan manipulation.
Historical Context Fuels Current Battle
The Supreme Court’s size has fluctuated throughout American history, ranging from six to ten justices before settling at nine in 1869 through statute, not constitutional requirement. The most notorious expansion attempt came in 1937 when President Franklin Roosevelt proposed adding justices to overcome conservative opposition to his New Deal policies, a plan ultimately rejected amid widespread criticism. Democrats revived expansion talk after 2020, arguing Republican blocking of Merrick Garland in 2016 and swift confirmation of Amy Coney Barrett in 2020 justified adding seats to rebalance the Court’s current 6-3 conservative majority.
Cruz’s amendment arrives amid Republican control of both congressional chambers and the White House in 2026, positioning the party to advance constitutional protections while in power. The measure follows Wednesday’s introduction of the Protecting Our Supreme Court Justices Act by Cruz, Lee, and other senators. Cruz, who chairs a Senate Judiciary subcommittee and argued nine cases before the Supreme Court as a constitutional lawyer, leverages his legal expertise to frame the amendment as defending founding principles. Democrats have characterized Republican judicial appointments as court-packing, while Republicans argue expansion would weaponize the judiciary for policies voters rejected at the ballot box.
Constitutional Hurdle Looms Large
The amendment faces steep procedural obstacles, requiring approval from two-thirds of both the House and Senate before moving to state legislatures, where three-fourths must ratify it to enshrine the nine-justice limit in the Constitution. No reporting indicates current progress beyond introduction, and passage remains uncertain given supermajority requirements. If ratified, the amendment would permanently stabilize the Court’s structure, insulating it from future partisan expansion efforts regardless of which party controls Congress. Critics note the Constitution deliberately left Court size to congressional discretion, allowing flexibility for changing national needs.
For Americans frustrated by government dysfunction and elite manipulation of institutions, this amendment represents a rare area where constitutional clarity could prevent future power grabs. Both conservative and progressive citizens who distrust Washington insiders recognize that allowing parties to reshape the judiciary whenever they lose cases undermines the rule of law. Whether one agrees with current Court rulings or not, preserving an independent judiciary from political engineering serves the foundational principle that justice should not depend on who holds temporary power in Congress or the White House.
Sources:
Cruz Files Constitutional Amendment to Prevent Democrats from Packing SCOTUS – Texas Scorecard
Cruz to Introduce Constitutional Amendment to Prevent Democrats Packing Supreme Court – Fox News
