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Urging Congress to propose and submit to the states for ratification the "Keep Nine" amendment to the U.S. Constitution.
SCR 41 would express the Legislature's desire for Congress to submit a constitutional amendment to the states that would require the United States Supreme Court to remain at nine members. If enacted, a copy of the resolution would be forwarded to various federal officeholders.
Texas Action supports SCR 41 because it would promote individual liberty and limited government. The federal judiciary exists to serve as a check on the legislative and executive branches, free of excessive political influence. Rapidly expanding the size of the Supreme Court, or court-packing, would be an exercise of political authority over the judiciary in violation the spirit of the Constitution. While this resolution is nonbinding on the United States Congress, it is proper for Texas to speak out on this issue and help influence Congress to act responsibly.
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