Rubio to introduce legislation to keep Supreme Court at 9 seats

Rubio to introduce legislation to keep Supreme Court at 9 seats
© Stefani Reynolds
Sen. Marco RubioMarco Antonio RubioLiberal think tank: GOP paid parental leave proposals are too narrow GOP senator: 'Outrageous' to say Trump's tweets about Democratic congresswomen are racist House passes bills to boost small business cybersecurity MORE (R-Fla.) said Wednesday he plans to introduce a constitutional amendment to limit the Supreme Court to nine justices after some Democrats have floated expanding the number of seats on the high court.
 
"To prevent the delegitimizing of the Supreme Court, I will introduce a constitutional amendment to keep the number of seats at nine," Rubio wrote in a Fox News op-ed published Wednesday.
 
"There is nothing magical about the number nine. It is not inherently right just because the number of seats on the Supreme Court remains unchanged since 1869. But there is something inherently good and important about preventing the further destabilization of essential institutions," Rubio added.
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The proposal comes as several Democratic White House contenders, including a handful that are Rubio's Senate colleagues, have expressed an openness to expanding the Supreme Court or enacting other judicial reforms, including term limits. 
 
Both Sens. Elizabeth WarrenElizabeth Ann WarrenWarren embraces Thiel label: 'Good' Trump says administration will 'take a look' after Thiel raises concerns about Google, China Thiel calls Warren the most 'dangerous' Democratic candidate MORE (D-Mass.) and Kamala HarrisKamala Devi HarrisHarris slams DOJ decision not to charge police in Eric Garner's death Harris vows to 'put people over profit' in prescription drug plan The Hill's Morning Report - Presented by JUUL Labs - House to vote to condemn Trump tweet 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 TrumpEsper sidesteps question on whether he aligns more with Mattis or Trump Warren embraces Thiel label: 'Good' As tensions escalate, US must intensify pressure on Iran and the IAEA 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. Republicans also nixed the 60-vote filibuster for Supreme Court justices in 2017 in order to confirm Trump's first pick for the high court, Neil Gorsuch.
 
But Republicans have lashed out at the talk of expanding the Supreme Court, arguing that it's another sign of the Democratic Party's shift to the left ahead of the 2020 election. 
 
In the lower chamber, Rep. Mark GreenMark Green Trump's family separation policy has taken US to 'lowest depth possible,' says former immigration lawyer Four heated moments from House hearing on conditions at border facilities Trump announces, endorses ambassador to Japan's Tennessee Senate bid MORE (R-Tenn.) said Tuesday that he would also introduce a constitutional amendment to maintain the current nine seats, though his proposal is unlikely to go anywhere in the Democratic-controlled House.
 
 
But GOP senators have been willing to use the chamber to try to drive a wedge between Democratic lawmakers and their progressive base ahead of 2020, with McConnell forcing a vote on the Green New Deal next week. 
 
Rubio added in the Fox News op-ed 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. 

"We are suffering a crisis of confidence and we cannot withstand further erosion of trust in one another and our institutions. The rhetoric used by some of my Democratic colleagues that suggests our institutions are increasingly unable to resolve modern society’s conflicts is dangerous," he added.