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 RubioThe Hill's Morning Report - Presented by Mastercard - Coast-to-coast fears about post-holiday COVID-19 spread Potential 2024 Republicans flock to Georgia amid Senate runoffs Voters elected a record number of Black women to Congress this year — none were Republican MORE (R-Fla.), who spearheaded the resolution, said in a statement.
 
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He added that he was introducing the constitutional amendment "to prevent the delegitimizing of the Supreme Court."
 
GOP Sens. Pat ToomeyPatrick (Pat) Joseph ToomeyAppeals court rules NSA's bulk phone data collection illegal Dunford withdraws from consideration to chair coronavirus oversight panel GOP senators push for quick, partial reopening of economy MORE (Pa.), Kevin CramerKevin John CramerRepublicans ready to become deficit hawks again under a President Biden The Hill's Morning Report - Presented by the UAE Embassy in Washington, DC - Calls mount to start transition as Biden readies Cabinet picks Pressure grows from GOP for Trump to recognize Biden election win MORE (N.D.), Marsha BlackburnMarsha BlackburnTime to bring federal employees home for every holiday Sunday shows preview: Biden transition, COVID-19 spike in spotlight Senate GOP to drop documentary series days before election hitting China, Democrats over coronavirus MORE (Tenn.), Todd YoungTodd Christopher YoungShelton's Fed nomination on knife's edge amid coronavirus-fueled absences Grassley quarantining after exposure to coronavirus Rick Scott to quarantine after contact with person who tested positive for COVID-19 MORE (Ind.), Cindy Hyde-Smith (Miss.), John HoevenJohn Henry HoevenOVERNIGHT ENERGY: Barrasso to seek top spot on Energy and Natural Resources Committee | Forest Service finalizes rule weakening environmental review of its projects | Biden to enlist Agriculture, Transportation agencies in climate fight Meadows meets with Senate GOP to discuss end-of-year priorities Senate advances energy regulator nominees despite uncertainty of floor vote MORE (N.D.), Mike LeeMichael (Mike) Shumway LeeGrassley returns to Capitol after having coronavirus McConnell halts in-person Republican lunches amid COVID-19 surge Loeffler isolating after possible COVID-19 infection MORE (Utah), Ben SasseBen SasseTrump transition order follows chorus of GOP criticism The Memo: Trump election loss roils right Whoopi Goldberg blasts Republicans not speaking against Trump: 'This is an attempted coup' MORE (Neb.), Mitt RomneyWillard (Mitt) Mitt RomneySenate GOP open to confirming Yellen to be Biden's Treasury secretary Overnight Health Care: Moderna to apply for emergency use authorization for COVID-19 vaccine candidate | Hospitals brace for COVID-19 surge | US more than doubles highest number of monthly COVID-19 cases Bipartisan Senate group holding coronavirus relief talks amid stalemate MORE (Utah), Mike CrapoMichael (Mike) Dean CrapoMnuchin to put 5B in COVID-19 relief funds beyond successor's reach Democrats accuse Mnuchin of sabotaging economy in dispute with Fed Shelton's Fed nomination on knife's edge amid coronavirus-fueled absences MORE (Idaho), and Shelley Moore CapitoShelley Wellons Moore CapitoGraham: Trump should attend Biden inauguration 'if' Biden wins As Biden administration ramps up, Trump legal effort drags on The Hill's 12:30 Report: Trump holds his last turkey pardon ceremony 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 WarrenBiden budget pick sparks battle with GOP Senate Warren, Brown voice support for controversial Biden budget office pick Biden's economic team gets mixed reviews from Senate Republicans MORE (D-Mass.) and Kamala HarrisKamala HarrisWho will replace Harris in Senate? 'Rising' discusses Wisconsin formally declares Biden won election following recount Moderate Democrats: Everyone's older siblings 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 TrumpGeraldo Rivera on Trump sowing election result doubts: 'Enough is enough now' Murkowski: Trump should concede White House race Scott Atlas resigns as coronavirus adviser to Trump 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.