Cruz Proposes Supreme Court Freeze

( — Senator Ted Cruz (R-TX) has proposed a constitutional amendment to freeze the number of Justices on the Supreme Court bench at nine. He was responding to demands from Democrats that the number be expanded to dilute the current conservative dominance of the Court. Liberals have become increasingly concerned about the makeup of the bench following three appointments by President Trump that have solidified conservative control. This became particularly contentious last year when Roe v Wade was overturned and states permitted to outlaw abortion. President Biden however has opposed an expansion in the past.

Democrats introduced legislation in 2021 to broaden the Court from nine Justices to thirteen. They argue that the Court can undermine Democratic lawmakers and is therefore anti-democratic. Then-House Speaker Nancy Pelosi said, “I don’t know that that’s a good idea or bad idea. I think it’s an idea that should be considered.” Calls for expansion were revived in 2022 in the wake of the ruling on Roe. Legal experts say there is no Constitutional prohibition to such an expansion as the Constitution does not stipulate how many Justices could serve on the bench. The number of Judges has changed several times throughout the Court’s history and whether it changes again will be at the discretion of Congress.

Statistics compiled by professors Lee Epstein of Washington University in St. Louis and Keven Quinn of the University of Michigan reveal that the current Supreme Court is the most conservative in almost a century. One of the most contentious is Roe v Wade, but several other rulings have caused a “nightmare” for liberals. These include the decision in Bruen v New York State Rifle & Pistol Association in which the court broadly interpreted the Constitution on gun ownership and declared a vast number of proposed restrictions unconstitutional. The Court has also ruled in favor of a football coach who argued that the First Amendment protected his right to pray on school grounds.

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