Capito, Colleagues Re-Introduce Constitutional Amendment to Keep Scotus at Nine Justices

Press Release

U.S. Senator Shelley Moore Capito (R-W.Va.) today joined Senator Marco Rubio (R-FL) and several colleagues to reintroduce a constitutional amendment, S.J.Res 4, that would limit the Supreme Court of the United States to nine justices. In addition, Senators 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 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.

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