WASHINGTON, D.C. — U.S. Senator Shelley Moore Capito (R-W.Va.) today reintroduced a constitutional amendment, S.J.Res 4, that would limit the Supreme Court of the United States to nine justices. Senators Marco Rubio (R-Fla.), Kevin Cramer (R-N.D.), Marsha Blackburn (R-Tenn.), Todd Young (R-Ind.), Mitt Romney (R-Utah), Mike Crapo (R-Iaho), Pat Toomey (R-Pa.), Thom Tillis (R-N.C.), Rob Portman (R-Ohio), John Cornyn (R-Texas), and Mike Braun (R-Ind.) also joined Senator Capito in reintroducing the constitutional amendment, which was first introduced on March 25, 2019. The Supreme Court has had nine seats since 1869.
“A nine Justice court has worked for our country for more than 150 years. Increasing that number in a partisan effort to achieve a desired policy result is a never-ending proposition. Once this door is opened, respect for the Supreme Court as an independent arbiter of cases and controversies would fall away as it became another partisan branch of government. We should preserve our independent judiciary by closing the door to court packing. Ratification of this amendment would stop the Democrats current desire to pack the courts. It would also remove the temptation for either part to attempt to restructure the court in a partisan way in the future,” Senator Capito said.
BACKGROUND:
Senator Capito is one of the 12 original co-sponsors of Senate Joint Resolution 14, which was introduced on March 25, 2019. This resolution proposes a constitutional amendment that limits the size of the Supreme Court to no more than nine Justices. Since 1869, there have been nine Justices on the Supreme Court. Ratification of this amendment would stop the Democrats current desire to pack the court. It would also remove the temptation for either party to attempt to restructure the court in a partisan way in the future.
Additionally, Senator Capito joined Senate Majority Leader Mitch McConnell (R-Ky.), Senate Judiciary Chairman Lindsey Graham (R-S.C.), and all Senate Republicans in sending a letter to the Supreme Court of the United States condemning Democrats’ threats to pack the Supreme Court. Click here to read the full letter. She also participated in a press conference in October 2020 discussing the issue.