Sen. Cruz proposes constitutional amendment to keep Supreme Court to nine

March 22, 2023, Fairfax, Va.—Americans for Limited Government President Rick Manning today issued the following statement in support of a constitutional amendment by Sen. Ted Cruz (R-Texas) that would set the number of Supreme Court justices to nine including the chief justice:

“Senator Ted Cruz introduced the Keep Nine amendment to the U.S. Constitution today.  Keep Nine specifies that the number of Supreme Court justices will be fixed at nine, including the Chief Justice. After last year’s attack on the legitimacy of the Supreme Court by Democrat Senators who sought to pack the Court for political purposes, the time is right for Congress to pass this important amendment to the Constitution.

“It is imperative that the Supreme Court remain independent of politics regardless of its judicial philosophical leanings.  The Cruz amendment is a necessary step to ensure that the court remains an impartial arbiter of the law.

“Most Americans do not realize how close we came to having the Supreme Court turned into nothing more than a vassal to the Executive and Legislative branches as Senate Democrats sought to kill the filibuster rule which required 60 votes to pack the court.  Without the filibuster, last year’s 50/50 Democrat-Republican make-up of the Senate could have ended judicial independence with a tie-breaking vote by the Vice President.

“We are a nation of laws and those who seek to pack the Supreme Court are seeking to subvert the will of the people.  Amending the Constitution to establish the number of Justices at nine, secures the independence of the judiciary from political coercion.  Senator Ted Cruz’ constitutional amendment is needed now to ensure the future independence of the Judicial branch regardless of its philosophical make-up and Americans for Limited Government strongly supports Congress sending the amendment to the states for consideration.”


The Cruz Keep Nine amendment is co-sponsored by Sens. Roger Marshall (R-Kan.), Bill Hagerty (R-Tenn.), Mike Lee (R-Utah), Cotton (R-Ark.), Chuck Grassley (R-Iowa), Josh Hawley(R-Mo.), Thom Tillis (R-N.C.), Kennedy (R-La.), Cindy Hyde-Smith (R-Miss.), and Mike Braun (R-Ind.).

Senator Ted Cruz (R-Texas) urged passage of the Keep Nine amendment saying, “The Democrats’ answer to a Supreme Court that is dedicated to upholding the rule of law and the Constitution is to pack it with liberals who will rule the way they want. The Supreme Court should be independent, not inflated by every new administration. That’s why I’ve introduced a constitutional amendment to permanently keep the number of justices at nine.”

Senator John Kennedy (R-La.) condemned last year’s efforts by Senate Democrats urged action on Keep Nine, “The effort to pack the Supreme Court and turn justices into politicians in robes would delegitimize and destroy one of the most important institutions in America. Congress must protect the judicial branch from political expedience by safeguarding its current structure.”

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