Republicans Rally Behind Cruz’s Court Protection Plan

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Republican senators led by Ted Cruz are pushing a constitutional amendment to permanently cap the Supreme Court at nine justices, challenging what they call a Democratic scheme to pack the Court and manipulate rulings in their favor.

Story Snapshot

Cruz reintroduces constitutional amendment to fix Supreme Court at nine justices, blocking expansion efforts
Thirteen Republican senators co-sponsor measure requiring two-thirds congressional approval and state ratification
Amendment directly counters Democratic court-packing rhetoric following recent conservative appointments
Republicans frame initiative as protecting judicial independence from partisan manipulation

Cruz Leads Republican Defense Against Court Expansion

Senator Ted Cruz of Texas reintroduced a constitutional amendment Thursday to permanently set the Supreme Court at nine justices, marking his latest effort to prevent what Republicans characterize as a Democratic power grab. The measure, co-sponsored by twelve other Republican senators including Mike Lee of Utah and John Cornyn of Texas, would require approval by two-thirds of Congress followed by ratification from three-quarters of state legislatures. Cruz, who serves as Senate Judiciary Subcommittee Chairman and has argued nine cases before the Supreme Court, described the initiative as essential protection against what he termed a “direct assault on the Constitution.”

Democrats’ Court-Packing Threats Fuel Republican Response

The amendment responds to recurring Democratic proposals to expand the Court following Republican confirmations of conservative justices. Democrats have repeatedly floated court expansion ideas since 2020, citing Republican tactics like blocking Merrick Garland’s nomination in 2016 and swiftly confirming Amy Coney Barrett in 2020. President Biden himself previously called Republican confirmation strategies “court-packing,” though Democrats now advocate for actual expansion to counterbalance the current 6-3 conservative majority. Senator Josh Hawley of Missouri, a co-sponsor, stated the amendment would “keep Democrats from rigging our democracy,” while Lee emphasized the need to “permanently take court-packing off the table.”

Historical Precedent and Constitutional Authority at Stake

The Supreme Court has maintained nine justices since 1869, though this number stems from statutory law rather than constitutional mandate. Congress has historically altered Court size, with justices ranging from six to ten during the 19th century. The most notable expansion attempt came from President Franklin Roosevelt in 1937, when he proposed adding justices after the Court struck down New Deal legislation. That effort failed amid bipartisan backlash, establishing a norm against manipulating Court size for political advantage. Cruz’s amendment would enshrine this norm in the Constitution itself, removing congressional discretion to adjust the number based on partisan calculations.

Protecting Independence or Entrenching Power?

Republican supporters characterize the amendment as defending judicial independence and the rule of law against partisan manipulation. Senator Mike Crapo of Idaho argued it ensures justices focus on “upholding rule of law rather than legislating from the bench.” The measure aims to prevent either party from expanding the Court when facing unfavorable rulings, maintaining stability in constitutional interpretation. Critics might argue it permanently locks in the current conservative advantage, though the amendment would apply equally to future political alignments. The proposal addresses growing concerns across the political spectrum that Washington insiders prioritize power retention over constitutional principles and the public interest.

Amendment Faces Steep Constitutional Hurdles

The amendment’s path forward requires extraordinary support: two-thirds majorities in both the House and Senate, followed by ratification from 38 state legislatures. No timeline exists for advancement beyond introduction, and the measure faces uncertain prospects given current political divisions. Cruz first introduced the amendment in 2020 and again in 2023, with each reintroduction garnering Republican co-sponsors but failing to advance through the Democratic-controlled Senate of those years. With Republicans now controlling both chambers in 2026, the amendment has better positioning but still needs significant Democratic support to reach the constitutional threshold. The proposal accompanies other judicial protection measures, including the Protecting Our Supreme Court Justices Act introduced Wednesday by Cruz, Lee, and others.