U.S. Sen. Marco Rubio, R-Fla., is doubling down on his proposal for a constitutional amendment to limit the U.S. Supreme Court to nine justices.
Earlier this year, prominent Democrats, including former U.S. Attorney General Eric Holder and presidential candidates U.S. Sen. Kirsten Gillibrand, D-NY, and South Bend Mayor Pete Buttigieg, have mulled over expanding the Supreme Court
Back in March, Rubio called for adding an amendment to the Constitution to limit the Supreme Court to nine justices, a policy in place since 1869 despite efforts--most notably from President Franklin D. Roosevelt back in 1937--to change it.
Rubio teamed up with Republican U.S. Sens. Marsha Blackburn of Tennessee, Shelley Moore Capito of West Virginia, Kevin Cramer and John Hoeven of North Dakota, Mike Crapo of Idaho, Steve Daines of Montana, Cindy Hyde-Smith of Mississippi, Mike Lee and Mitt Romney of Utah, Ben Sasse of Nebraska, Pat Toomey of Pennsylvania and Todd Young of Indiana to unveil the amendment at the end of March. U.S. Rep. Mike Gallagher, R-Wis., introduced a companion measure in the U.S. House with U.S. Rep. Ralph Norman, R-SC, as a cosponsor.
With the Supreme Court ending its term last week, Rubio made another push to get senators behind his proposed amendment, sending a letter to his fellow senators.
“As the Supreme Court wraps up another term, we are reminded of the critical role an independent judiciary plays in America’s unique federal structure. We are also reminded that, despite media and political narratives, the complex issues that come before the Court do not always neatly align with the ideological structures of today’s partisan politics. In June alone, we have seen multiple high-profile decisions jumble the traditional conservative-liberal coalitions,” Rubio wrote. “Unfortunately, a vocal and increasingly influential progressive minority wants to add seats to the Supreme Court with the explicit goal of ensuring an enduring liberal majority on the Court. According to the New York Times, at least ten candidates running for the Democratic nomination for president have embraced court packing.
“Many suggest that adding more justices is merely a way to depoliticize the Court, but the effort is more transformative,” Rubio added. “‘The emergencies we are facing are so extreme that if you are going to run for president, it’s not enough to have policy ideas,’ the founder of the group Pack the Courts said. ‘You have to explain how you are going to pass those ideas and then how you are going to protect those ideas from the courts.’”
Rubio stressed that the stakes are high and the Supreme Court should not be altered by “radical, partisan institutional changes” which will “delegitimize our nation’s highest court.” The Florida Republican pointed to opposition from the left to adding justices including “from Michigan Law School professor Richard Primus, who clerked for Justice Ruth Bader Ginsburg” and former Obama White House counsel Bob Bauer .
“The left's court packing proposal represents the latest shortsighted effort to undermine America's confidence in our institutions and our democracy. America’s institutions are far from perfect. However, over the past two centuries, they have provided a framework for our nation to become the most dynamic, most vibrant, and most exceptional nation in all of human history,” Rubio insisted.
Rubio’s resolution was sent to the U.S. Senate Judiciary Committee after he brought it out. Gallagher’s proposal was sent to the U.S. House Judiciary Committee.
