Several Republican senators recently said they would reintroduce a constitutional amendment to prevent Democrats from increasing the number of Supreme Court justices. Because under the U.S. separation of powers, the Supreme Court is not a branch of the U.S. government and must maintain its relative independence.
Sen. Macro Rubio (R-Fla.) issued a statement on Tuesday, Jan. 26, noting that Biden had promised when he ran for office last year that he was not keen on filling the U.S. Supreme Court, and he urged Democrats to keep that promise.
He wrote, “Biden pledged to unite the entire United States during his candidacy last year, even saying that he was not keen on increasing the number of Supreme Court justices. He also said he thought it was a radical idea to ask for more Supreme Court justices as early as during his Time in the Senate. If he truly wants our country to be able to heal after the 2020 election, and to protect our nation’s institutions, he should support our efforts to guard the U.S. Supreme Court.”
Utah Sen. Mitt Romney (R) also supported Rubio’s views. He said, “We introduced this proposed amendment in the last session of Congress to keep the number of Supreme Court justices to nine.” He stressed that Congress should continue to reject the idea of increasing the number of Supreme Court justices, and the idea that the Supreme Court is considered a branch of government.
Romney added, “Only by ensuring the integrity and independence of the Supreme Court will our society be as strong as our national institutions.”
In an interview with Ohio during his candidacy last year, Biden reportedly said he thought too much discussion of expanding the Supreme Court would distract from the general election. He said at the time, “I’m not a person who is enthusiastic about increasing the number of Supreme Court justices, and I don’t want to talk too much about it.”
Senators who currently share Rubio’s and Romney’s views on the issue include: North Dakota Senator Kevin Cramer, Tennessee Senator Marsha Blackburn, Indiana Senator Todd Young, Idaho Senator Mike Crapo, and Pennsylvania Senator Pat Toomey, West Virginia Senator Shelley Moore Capito, North Carolina Senator Thom Tillis, Ohio Senator Rob Portman and Texas Senator John Cornyn.
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