Middleton passes resolution urging Congress to drop proposed 'court-packing' legislation

State Rep. Mayes Middleton (R-Wallisville) and The Texas House of Representatives recently passed legislation asking Congress to amend the US Constitution to keep the number of Supreme Court Justices at nine.

Supreme Court Resolution 41 (SCR 41), known as the "Keep Nine" Amendment, encourages Congress to dismiss any potential "court-packing" legislation currently being considered in favor of a constitutional amendment that maintains the current Supreme Court Justice membership count, according to Middleton in a Facebook post.

"I am proud to bring this resolution to memorialize our State Legislature's commitment to an independent judiciary that isn't politicized by undue influence," Middleton said in a Facebook post.

Ohio Gov. Mike DeWine and Ohio Lt. Gov. Jon Husted have also both expressed support for the Keep Nine Amendment, according to a press report.

“Keeping the number of justices at nine enshrined in the Constitution will prevent any political party from tampering with the court for political gain,” DeWine said in a statement.

SCR 41 was introduced in response to the Judicial Act of 2021, legislation that was proposed last month by a group of House and Senate Democrats intended to increase the size of the United States Supreme Court from nine to 13 justices.

However, Democratic leaders, including House Speaker Nancy Pelosi (D-Calif.) and Senate Judiciary Committee Chairman Richard J. Durbin (D-Ill.), have stated that they are currently unwilling to support such legislation, according to an article by Newsweek.

“Let’s think this through carefully,” Durbin told Newsweek. “I don’t question that my colleagues in the House and Senate have their own theories and let’s have that conversation. But keep in mind the ultimate goal here is to make the historically proper choice for the administration of justice in the long term.”

Support for SCR 41 began last year with the establishment of the Coalition to Preserve the Supreme Court's Independence by a bipartisan group of state attorneys general. The initial 15 AGs included eight Democrats and seven Republicans.

The Keep Nine Amendment, which states that "the Supreme Court of the United States shall be composed of nine Justices," is currently supported by 15 U.S. Senators and more than 180 members of Congress.

Amy Coney Barrett was the most recent Supreme Court justice to be appointed. Former President Donald Trump nominated her on Sept. 26, 2020 and the U.S. Senate confirmed her a month later.