A group of Republican senators introduced a proposal on February 7 for a constitutional amendment that would permanently fix the number of Supreme Court justices at nine, blocking any future attempts to expand the court’s size. The initiative, known as the Keep Nine Amendment, comes in response to various Democratic proposals in recent years that sought to increase the number of justices and implement new ethics guidelines for the Supreme Court.
The proposed amendment would codify the current nine-justice structure that has been in place since the Judiciary Act of 1869. To become law, the amendment would need to clear significant hurdles, requiring approval from two-thirds of both congressional chambers or two-thirds of states in a constitutional convention, followed by ratification from three-fourths of state legislatures. The resolution includes a seven-year deadline for ratification once submitted.
Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa) defended the proposal, arguing that Democratic efforts to expand the court would undermine its legitimacy and break with historical precedent. Senator Ted Cruz (R-Texas), another supporter of the amendment, characterized it as a necessary measure to protect the court from Democratic attempts to advance policy objectives they cannot achieve through normal electoral processes.
The amendment has garnered support from several Republican senators, including John Cornyn of Texas, Mike Lee of Utah, Bill Cassidy of Louisiana, Jim Banks of Indiana, and Deb Fischer of Nebraska.
This Republican initiative follows multiple Democratic proposals to expand the Supreme Court’s membership. In September 2024, Senator Ron Wyden (D-Ore.) introduced legislation to add six justices, which would bring the total to 15. Wyden justified the expansion as necessary to restore public confidence in the institution. Earlier, in May 2023, Senator Ed Markey (D-Mass.) proposed increasing the number to 13 justices, citing concerns about what he described as an “illegitimate, far-right United States Supreme Court.”
The push for court reform has intensified among Democrats following controversial Supreme Court decisions on various issues, including abortion rights, gun control, affirmative action, environmental regulations, and administrative state authority. Democrats have also raised concerns about justices’ failure to disclose gifts properly, leading to calls for stricter ethics standards.
Republicans maintain that Democratic efforts to regulate the Supreme Court are both unconstitutional and politically motivated. The current process for appointing justices requires presidential nomination and Senate confirmation by a simple majority vote.
The Senate Judiciary Committee’s Democratic minority did not respond to requests for comment on the proposed amendment. The debate reflects broader tensions between the two parties over the role and structure of the Supreme Court, with Democrats seeking reforms they argue would restore public trust and Republicans working to maintain the court’s current composition.
If ratified, this amendment would represent a significant change to the Constitution and would effectively end debates about expanding the Supreme Court’s size. However, given the challenging requirements for constitutional amendments and the current political landscape, the proposal faces substantial obstacles to becoming law.
The amendment’s introduction highlights ongoing partisan divisions over judicial reform and the future of the Supreme Court, as both parties continue to debate the appropriate size and role of the nation’s highest court in contemporary American democracy.