(Texas Scorecard) – Lawmakers in the Texas Senate approved a resolution calling on Congress to protect the composition of the U.S. Supreme Court on Thursday.
Since 1869, there have only been nine Supreme Court justices at one time. The proposed “Keep Nine” constitutional amendment would mandate that the Court be composed of nine justices, ending any future debate about potentially expanding the seats to stack the Court in favor of one party.
According to State Sen. Bryan Hughes (R-Mineola), who authored Senate Concurrent Resolution 9, “there’s a temptation for the Congress and the president to expand the number of Supreme Court justices and thus change the balance of power” when events are not in their favor.
Hughes cited former Justice Ruth Bader Ginsberg and Justice Clarence Thomas as advocates for keeping the seats on the Court at nine to avoid politicizing the judiciary.
The resolution was approved in a vote of 27-3.
U.S. Sen. Ted Cruz (R-TX) has already filed a constitutional amendment to this effect in the current Congress.
If also approved in the Texas House, SCR 9 would be sent to Texas’ congressional delegation, the speaker of the U.S. House, president of the U.S. Senate, and president of the United States.
The process for amending the U.S. Constitution requires approval by two-thirds of both houses of Congress and ratification by three-fourths of state legislatures.