In the News Video: Senate Republicans introduce amendment to prevent ‘packing’ of Supreme Court
“There is nothing in the Constitution that says how many justices are on the Supreme Court. That number is up to Congress,” R Street Institute fellow Anthony Marcum said.
Sen. Cruz also introduced a bill requiring a two-thirds supermajority in the Senate to change the court’s size in the future. For an amendment to become law, it would need two-thirds approval in both the House and the Senate as well as support from 38 states.
Marcum says the requirement is a very high bar.
“That is just simply not going to happen, especially on an issue as politically contentious on the Supreme Court. These are messaging bills,” Marcum said.
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