Senate Republicans are moving to keep the Supreme Court at nine justices as a growing number of Democratic 2020 contenders have expressed an openness to expanding it. 
 
Roughly a dozen Republican senators introduced the resolution on Monday that would keep the Supreme Court at nine justices. 
 
"The Democrats' court-packing proposal represents the latest shortsighted effort to undermine America's confidence in our institutions and our democracy," Sen. Marco RubioMarco Antonio RubioGOP senators plan to tune out impeachment week Republicans warn election results are 'wake-up call' for Trump Paul's demand to out whistleblower rankles GOP colleagues MORE (R-Fla.), who spearheaded the resolution, said in a statement.
 
ADVERTISEMENT
He added that he was introducing the constitutional amendment "to prevent the delegitimizing of the Supreme Court."
 
GOP Sens. Pat ToomeyPatrick (Pat) Joseph ToomeyNSA improperly collected US phone records in October, new documents show Overnight Defense: Pick for South Korean envoy splits with Trump on nuclear threat | McCain blasts move to suspend Korean military exercises | White House defends Trump salute of North Korean general WH backpedals on Trump's 'due process' remark on guns MORE (Pa.), Kevin CramerKevin John CramerGOP senators plan to tune out impeachment week Trump encounters GOP resistance to investigating Hunter Biden Progressive freshmen jump into leadership PAC fundraising MORE (N.D.), Marsha BlackburnMarsha BlackburnTrump circuit court nominee in jeopardy amid GOP opposition Progressive freshmen jump into leadership PAC fundraising On The Money: US paid record .1B in tariffs in September | Dems ramp up oversight of 'opportunity zones' | Judge hints at letting House lawsuit over Trump tax returns proceed MORE (Tenn.), Todd YoungTodd Christopher YoungOvernight Defense: Protests at Trump's NYC Veterans Day speech | House Dems release Pentagon official's deposition transcript | Lawmakers ask Trump to rescind Erdogan invite Former AG Sessions enters Alabama Senate race Sessions expected to announce plans to run for Senate MORE (Ind.), Cindy Hyde-Smith (Miss.), John HoevenJohn Henry HoevenBottom Line Poll: McConnell is most unpopular senator McConnell ups pressure on White House to get a budget deal MORE (N.D.), Mike LeeMichael (Mike) Shumway LeeOn The Money: Retirement savings bill blocked in Senate after fight over amendments | Stopgap bill may set up December spending fight | Hardwood industry pleads for relief from Trump trade war Retirement bill blocked in Senate amid fight over amendments Senators press NSA official over shuttered phone surveillance program MORE (Utah), Ben SasseBenjamin (Ben) Eric SasseTrump circuit court nominee in jeopardy amid GOP opposition Trump has officially appointed one in four circuit court judges Senators press NSA official over shuttered phone surveillance program MORE (Neb.), Mitt RomneyWillard (Mitt) Mitt RomneyClub for Growth extends advertising against House Dems over impeachment Pennsylvania's other election-night story This week: House kicks off public phase of impeachment inquiry MORE (Utah), Mike CrapoMichael (Mike) Dean CrapoEleven GOP senators sign open letter backing Sessions's comeback bid GOP requests update on criminal referrals prompted by 2018 Kavanaugh probe Nearing finish line, fight for cannabis banking bill shifts to the Senate MORE (Idaho), and Shelley Moore CapitoShelley Wellons Moore CapitoHillicon Valley: Facebook to remove mentions of potential whistleblower's name | House Dems demand FCC action over leak of location data | Dem presses regulators to secure health care data Senators introduce bill to create 'parity' among broadband programs Republicans warn election results are 'wake-up call' for Trump MORE (W.Va) are cosponsoring the resolution. 
 
The Senate resolution would specify that the Supreme Court "shall be composed of not more than 9 justices." A similar resolution was introduced in the House late last week. 
 
Enacting a constitutional amendment would be an uphill battle, if not an impossible goal. The amendment would first need to win over two-thirds of both chambers of Congress, and then be ratified by three-fourths of the states.
 
But Rubio first announced last week that he would introduce the amendment after several Democratic White House contenders, including a handful that are Rubio's Senate colleagues, expressed an openness to expanding the Supreme Court or enacting other judicial reforms, including term limits. 
 
Both Sens. Elizabeth WarrenElizabeth Ann WarrenDemocrats worry they don't have right candidate to beat Trump Overnight Energy: BLM staff face choice of relocation or resignation as agency moves | Trump says he's 'very much into climate' | EPA rule would expand limits on scientific studies Krystal Ball credits Gabbard's upswing in 2020 race to 'feckless' Democratic establishment MORE (D-Mass.) and Kamala HarrisKamala Devi HarrisOutsider candidates outpoll insider candidates Poll: Buttigieg leads Democratic field in Iowa Press: Another billionaire need not apply MORE (D-Calif.) have said expanding, or "packing," the court should be an option on the table as part of a larger conversation among Democrats about the direction of the U.S. judicial system.

 
Supporters argue that President TrumpDonald John TrumpTrump faces high stakes in meeting with Erdoğan amid impeachment drama Democrats worry they don't have right candidate to beat Trump Trump threatening to fire Mulvaney: report MORE and congressional Republicans have been able to pack the courts with conservative judges, including two Supreme Court justices and dozens of appeals court nominees.

But Rubio countered in a Fox News op-ed last week that trying to expand the courts had become a "litmus test" for White House hopefuls and stemmed from an "ugly, winner-take-all rhetoric" among progressives.