Senate GOP proposes constitutional amendment to keep Supreme Court at 9 seats
GOP Sens. Pat Toomey (Pa.), Kevin Cramer (N.D.), Marsha Blackburn (Tenn.), Todd Young (Ind.), Cindy Hyde-Smith (Miss.), John Hoeven (N.D.), Mike Lee (Utah), Ben Sasse (Neb.), Mitt Romney (Utah), Mike Crapo (Idaho), and Shelley Moore Capito (W.Va) are cosponsoring the resolution.
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.
Both Sens. Elizabeth Warren (D-Mass.) and Kamala Harris (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 Trump 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.