Cruz’s Amendment: A Shield Against Court Packing

Man speaking on stage in front of blue background

Senator Ted Cruz just fired a critical shot to lock the Supreme Court at nine justices, shielding it from Democratic packing schemes that could dismantle constitutional balance.

Story Highlights

  • Cruz reintroduces constitutional amendment with strong Republican co-sponsors like Mike Lee to fix Supreme Court at nine justices since 1869.
  • Aimed at blocking Democrats from expanding the Court to rig rulings on key issues like guns and abortion.
  • Follows Wednesday’s Protecting Our Supreme Court Justices Act, signaling unified GOP defense of judicial independence.
  • Requires 2/3 congressional approval and 3/4 state ratification, underscoring commitment to founding principles amid elite overreach.

Cruz Leads Charge Against Court Packing

U.S. Senator Ted Cruz (R-TX) reintroduced a constitutional amendment on Thursday to permanently set the Supreme Court at nine justices. Co-sponsored by Senator Mike Lee (R-UT) and senators including John Cornyn (R-TX), Josh Hawley (R-MO), and others, the measure counters Democratic threats to expand the Court. Cruz, Senate Judiciary Subcommittee Chairman with experience arguing nine cases before the Court, positions this as vital protection for its role as a non-partisan constitutional guardian. This action builds on his prior introductions in 2020 and 2023, responding to partisan judicial battles.

Historical Precedent and Democratic Threats

The Supreme Court has operated with nine justices since 1869, a statutory tradition not enshrined in the Constitution, which historically allowed fluctuations from six to ten. Democrats have pushed expansion post-2020, citing Republican blocks on Merrick Garland in 2016 and swift confirmation of Amy Coney Barrett in 2020, which President Biden labeled court-packing. Republicans view such moves as rigging the 6-3 conservative majority to impose policies on abortion, guns, and beyond. Cruz’s amendment aims to end this cycle, echoing rejection of FDR’s failed 1937 packing plan amid public backlash.

Key Republican Unity and Statements

Co-sponsors include Roger Marshall (R-KS), Bill Hagerty (R-TN), Tom Cotton (R-AR), Chuck Grassley (R-IA), Todd Young (R-IN), Cindy Hyde-Smith (R-MS), Mike Braun (R-IN), Mike Crapo (R-ID), Shelley Moore Capito (R-WV), and Marsha Blackburn (R-TN). Cruz called Democratic efforts a direct assault on the Constitution’s rule of law. Lee stated it permanently removes court-packing from the table against radical Democrats. Hawley emphasized preventing Democrats from rigging democracy, while Cornyn noted Democrats use courts for unelectable policies. This unity reflects GOP control under President Trump’s second term.

The Wednesday prior saw introduction of the Protecting Our Supreme Court Justices Act by Cruz, Lee, and allies, bolstering defenses for judicial security. These steps highlight Republican resolve in a Republican-led Congress facing Democratic obstruction.

Path Forward and Broader Implications

Passage demands two-thirds approval in both congressional chambers, followed by ratification by three-fourths of states. No progress reported yet, but it signals deterrence against expansion talk. Short-term, it showcases GOP cohesion; long-term, ratification would stabilize the Court, entrenching originalist philosophy and insulating it from politics. Conservatives gain preserved majority for liberty and restraint; progressives lose leverage. This addresses shared frustrations across aisles with elite manipulations eroding the American Dream of fair governance rooted in founding principles.

Sources:

Cruz Files Constitutional Amendment to Prevent Democrats from Packing SCOTUS

Cruz to Introduce Constitutional Amendment to Prevent Democrats Packing Supreme Court

Young, Cruz Introduce Constitutional Amendment to Keep the Supreme Court at Nine Justices

Sen. Cruz Introduces Constitutional Amendment to Prevent Democrats from Court Packing the Supreme Court

Ted Cruz Bio – Federalist Society