REPORT: Rep. Mark Green Introduces Constitutional Amendment Capping the Number of Supreme Court Justices at Nine

Someone’s scared.

Representative Mark Green (R-TN) has introduced a constitutional amendment that would limit the number of Supreme Court seats to nine. The move comes as several prospective Democratic candidates have said they would consider expanding the number of justices on the nation’s highest court.

“The temptation to create a Court of super-legislators must be resisted,” Green said in a statement. “Limiting the number of seats to the nine we have currently would help ensure the U.S. Supreme Court remain an impartial branch beholden to the Constitution and no political party.”

He added:

Schemes to ‘court pack’ thwart the Founders’ intent to create an independent and impartial judiciary that serves as a check on both the Executive and Legislative branches of government. Democrats’ belief that the sitting originalist, Constitutionalist justices are partisan or beholden to GOP interests reveal something disturbing about their judicial philosophy. They want liberal, activist justices who will pass rulings that conform to their dystopian, socialist agenda.”

Green also shared his announcement via his official Twitter account.

Democratic Senators Elizabeth Warren (MA) and Kamala Harris (CA) are among the presidential candidates who’ve suggested an expansion of the court. Senator Kirsten Gillibrand (NY) said the idea is an “interesting” one but that she would “need to think more about it.” South Bend, Indiana Mayor Pete Buttigieg and Representative Beto O’Rourke (TX) have both suggested allowing Republicans and Democrats to appoint five justices each. The 10 justices would then appoint five more justices, bringing the total number of seats on the bench to 15.

There is no law or amendment on record that says the Supreme Court can’t have more members. Proponents of such a change say that the idea makes sense given how medical advancements have extended the average lifespan.

Green was immediately criticized. As some people noted, Green was among Republicans who supported blocking former President Barack Obama’s nomination of Merrick Garland to the bench.

Senator Marco Rubio has backed Green’s proposal and introduced a measure of his own in the Senate.

“[The] Left has used courts to achieve what they could not get done through Congress or the Presidency,” Rubio wrote.

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