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Crapo, Risch Introduce Constitutional Amendment to Prevent Supreme Court Packing

Washington, D.C.--U.S. Senators Mike Crapo and Jim Risch (R-Idaho) joined Senator Ted Cruz (R-Texas) in introducing a constitutional amendment to maintain a total of nine Supreme Court justices on the bench at one time.

Once approved by Congress, the amendment would go to the states for ratification.

“Throughout our nation’s history, the Supreme Court has successfully safeguarded our Constitution,” said Crapo.  “Packing the Court would unnecessarily increase partisanship within the institution, creating greater challenges in settling the pressing cases that matter to Americans in a constitutional and just way.”

“Democrats’ attempts to pack the Supreme Court with radical appointees undermines our democracy and American confidence in our judicial system,” said Risch.  “The Keep Nine Constitutional Amendment would ensure justices focus on upholding the rule of law rather than legislating from the bench.”

“For years, Democrats have openly said they intend to pack the Supreme Court,” said Cruz.  “They seek to use the Court to advance policy goals they can’t accomplish electorally.  Such a move would be a direct assault on the design of our Constitution, which is designed to ensure the Supreme Court remains a non-partisan guardian of the rule of law.  This amendment is a badly-needed check on their efforts to undermine the integrity of the Court.”

Additional co-sponsors of the proposed constitutional amendment include Senators Chuck Grassley (R-Iowa), John Cornyn (R-Texas), Mike Lee (R-Utah), Shelley Moore Capito (R-West Virginia), Marsha Blackburn (R-Tennessee), Bill Cassidy (R-Louisiana), Todd Young (R-Indiana), Cindy Hyde-Smith (R-Mississippi), Jim Banks (R-Indiana), Thom Tillis (R-North Carolina), Bill Hagerty (R-Tennessee), Katie Britt (R-Alabama), Tim Sheehy (R-Montana), Roger Wicker (R-Mississippi) and Deb Fischer (R-Nebraska).

Read the complete text of the amendment here.

BACKGROUND:

Senators Crapo and Risch previously co-sponsored this amendment in 2023.

Over the past several years, top Democrats have pledged to expand the number of justices on the Supreme Court when they are able to.

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