U.S. Sen. Ted Cruz of Texas reintroduced a constitutional amendment requiring a total of nine Supreme Court justices on the bench at a time.
Initially introduced by Cruz (R) in 2020 and again in 2023, the proposed amendment would go to the states to be ratified after being approved by Congress.
“For years, Democrats have openly said they intend to pack the Supreme Court. They seek to use the Court to advance policy goals they can’t accomplish electorally,” Cruz said on Thursday.
Cruz, a member of the Senate Judiciary Committee and Chairman of the Subcommittee on Federal Courts, Oversight, Agency Action, and Federal Rights, described the amendment as badly needed. He added that Democrat moves to change the Court “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.”
While many Democrats, including U.S. Sens. Mazie Hirono (D-HI) and Elizabeth Warren (D-MA), have expressed support for altering the Supreme Court under the banner of “reform,” Fox News reported in August 2024 that a survey by the Wall Street Journal found a majority of Americans do not favor such measures.
Among colleagues supporting the resolution was fellow Texas Sen. John Cornyn, who stated that “Democrats have turned the legal system into a vehicle for advancing policy goals they can’t achieve at the ballot box or in Congress.”
In an earlier action on Wednesday, Cruz joined fellow Senate Republicans Marsha Blackburn (R-TN), Mike Lee (R-UT), Cindy Hyde-Smith (R-MS), and Tom Cotton (R-AR) in introducing the Protecting Our Supreme Court Justices Act.
The bill is a result of threats made toward several justices. Previously, Democrat Sen. Chuck Schumer (D-NY) attempted to intimidate Justices Neil Gorsuch and Brett Kavanaugh on the steps of the U.S. Supreme Court before the Dobbs v. Jackson Women’s Health Organization decision.
Additionally, far-left protesters have demonstrated outside of the homes of Supreme Court justices, reportedly posting the home addresses of five Republican-appointed justices—Thomas, Alito, Gorsuch, Kavanaugh, and Barrett—online.
“No member of the Court should fear for their or their family’s safety while carrying out their constitutional duty,” Cruz said.
Specifically, the bill aims to increase prison terms for people who attempt to intimidate or influence a judge’s decision and “to establish appropriate penalties for obstruction of justice by picketing or parading in or near court buildings or residences of judges, jurors, witnesses, or other court officers.”
The Texas Legislature has previously passed a resolution urging Congress to reject proposals to expand the U.S. Supreme Court.
